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18th CONGRESS,^ [ 55 ] 

1st Session. J 



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MIig§i\(^lB 



PRESIDENT OF THE UNITED STATES ^^ 






TBAVBHITTIira 



JInfotmatfon mxXt (H^ovvtnponXfmtt 



RELATIKQ TO 



The Treaty with Spain for the Cession of the Floridas, 



NOT HERETOFORE COMMUNICATED? 



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Rel^Hcd In compliance of a Resolution of the House of Representatives of the 11th 

of December, 1823. 



FEBRUARY 2, 1824. 
Read, and ordered to lie upon the table. 



WASHINGTON: 

PRISTKI) BK GALES & bEATOIT. 

1824. 



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[55] 3 



To the House of Representatives of the United States: 

In compliance with a resolution of the House of Representatives^ 
of the 1 1th of December last, requesting the President of the United 
States to communicate to the House all such parts of the correspond- 
ence with the Government of Spain, relating to the Florida Treaty, 
to the period of its final ratification, not heretofore communicated^ 
which, in his opinion, it might not be inconsistent with the public in- 
terest to communicate, I herewith transmit a report from the Secre- 
tary of State, with copies of the documents requested. 

JAMES MONROE. 

Washington, February 2rf, 1824. 



[55 ] 



Department of State, 

Washington, Q6th January, 1824. 

The Secretary of State, to whom the resolution of the House of 
Representatives of the United States, of the 11 th of last month has 
been referred, requesting the President to communicate to the House 
all such parts of the correspondenc* with the Government of Spain, 
touching the Florida Treaty, to the period of its final ratification, 
which have not yet been communicated, and which, in his opinion, it 
may not be inconsistent with the public interest to communicate, has 
the honor of reporting to the President copies of the papers desired by 
that resolution. 

JOHN QUINCY ADAMS. 



C55 ] 



Lis of Papers sent to the President of the United States f with a Re- 
port from the Department of State, ofQ6th January, 1824. 

1. Mr. Forsyth to Mr. Adams, (marked private) 22d August, 1819. 

2. Same to same, do extracts, 28th Jan*ry, 1820. 

3. Same to same, (No. 12) extract, 15th Feb'ry, •• 

4. Same to the Duke of San Fernando & Quiroga, 27th Jan. 

5. Same to Mr. Adams, No. 15, 30th March, •• 

6. Mr. T. L. L. Brent, acting as Charge d'AfO 

faires at Madrid, to Mr. Adams, detail- [ n^xu a •] 
ing the substance of a conversation with j " ' 

Mr. Jabat, (extract) J 

7. Mr. Forsyth to Mr. Adams, No. 18, (extract) 20th May, 

8. Same to same, No. 19, do 13th July, •• 

9. Same to same, (marked private) do SOth •• 

10. Same to same, do extracts, 27th Aug. 

11. Same to same, No. 20, extract, 21st Sept. 

12. Same to Don Evaristo Peres de Castro,") . j , 

Secretary of the Despatch of State, &c. J ^* 

13. Mr. De Castro to Mr. Forsyth, (translation) 25th •• 

14. Mr. Forsyth to Mr. Adams, (marked private) 21st Sept. 

15. Same to same, do 5th Oct. 

16. Same to same, No. 21, 11th •• 

17. Mr. De Castro to Mr. Forsyth, (translation) 6th •• 

18. Mr. Forsyth to Mr. De Castro, 7th •• 

19. Mr. De Castro to Mr. Forsyth, (translation) 9th •• 

20. Mr. Forsyth to Mr. De Castro, 10th •• 

21. Mr. De Castroto Mr. Forsyth, (translation) Uth •• 

22. Mr. Forsyth to Mr. De Castro, 

23. Same to Mr. Adams, (marked private) 12th •• 

24. Same to same, do 15th •• 

25. The Spanish Minister to the Charge d'Af-") .. 

faires of Russia, at Madrid, (translation)/ 

26. Mr. Forsyth to Mr. Adams, No. 22, (extract) 24th •• 

27. Same to Mr. De Castro, 17th •• 

28. The Minister of Spain to Mr. Forsyth,") _ ,. .. 

(translation) J 

29. Order of the King of Spain for the deli- ■) 

very of the Floridas, (translation) J 

30. Mr. Adams to Gen. Vives, 28th Feb. 1821. 



L55] 



Extracts of a letter from Mr. Forsyth, marked private, to Mr. Mams, 
dated Madrid, Jiugust 22, 1819. 

**The duplicates of my despatches by the Hornet not having been 
forwarded before this, I deem it unnecessary to send you the extract 
of that part of my private journal, a copy of which was transmitted 
with my former letters. To the information contained in my official 
letter of this day's date, I have little to add of much i:nportatice. 
The most interesting fact I am able to communicate is, that the 
affair of the grants is not the sole, or the principal difficulty, with this 
government. After receiving Mr. Salmon's note of the lOtli instant, 
and ascertaining from Duke Laval, that this government expected 
me to insit on the king's agreeing to receive Mj-. Onis's declaration, 
or to make one of his own, I gave information to the duke, with the 
expectation, and belief, that he would communicate to the govern- 
ment, and to the parties interested, tJiat this was a mistake. I had 
no instructions to insist upon either. We expected the king might 
offer it; but, if he did not, the treaty was already ratified by the United 
States, and the act could not be recalled. To pi oduce a good effect, 
I said, also, that the mistake about the grants must be corrected, if 
the business should be (what was altogether improbable) settled ami- 
cably in the United States. Tiie only hope of the grantees was, to 
have the exchange of ratifications made here. Relying npon the 
correctness of the information received here, of the date of Punon 
Rostro's and Alagon's grant, and the opinion that the cedula was 
the first valid act of the concession, and, of course, the date of the 
grant must be the date of the cedula, I intimated to Mr. Salmon that 
the difficulty in regard to the donations could be obviated here. His 
reply was, that there were other points upon which the king wislied 
explanations. What these are, I have collected from other sources. 
The first and great object in view, is to procure an assurance, that 
we will not recognize Buenos Ayres, &c. The extreme pertinacity 
and anxiety on this subject, has its origin in the disclosure made by 
Great Britain, of the conversations between Mr. Rush and Lord 
Castlereagh, on the contemplated reception of a consul general, to re- 
side officially in the United States, from theprovincesotLa Plata. This 
disclosure has done us no good. Sir Henry Welltsley, to whom, on 
his stating that he was endeavoring to j)romote our objects here, 
I remarked that I considered much of the difficulty of our affair was 
imputable to this cause, gave a very plausible answer; of its truth 
I am sceptical. He said the object was, to shew to Spain the abso- 
lute necessity of a settlement of our differences witfi her. W liatever 
was the motive, the effect has not been happy. The instructions to 
Onis were given before this disclosure was made; it was not useful 
in producing those instructions; and it is equally clear, from the 



8 [55] 

conduct of Spain, that it has not had the effect of inducing her to 
ratify what her minister, under these instructions, promised in hep 
name. Sir Henry Wellesley has at all times held very reasonable 
language, and friendly, in relation to this affair; and, since the above 
conversation, he has certainly taken some pains to promote our 
wishes. He tells me that he sent a message, by a confidential agent, 
to the Duke of Infantado, who had urged the argument, that Great 
Britain ought not to be irritated by the cession of Florida to us; that 
he was entirely mistaken, in supposing Great Britain adverse to the 
ratification of the convention, and that he had directions from the 
British ministry to press the ratification. He told Salmon, that 
Spain would hazard much by lefusing it, and that the object she had 
in view could be better accomplished by ratifying immediately. 
After the determination of this government was known — and it was 
known immediately — he conversed with me, and w ished me to believe, 
that it was all imputable to the dispute about the grants. I said this 
could not be, as the government must know, that the king, having it 
in his power to accept or reject Onis's declaration, he could throw 
npon us the burthen of refusing the exchange of ratifications. He 
then asked if the affair of the grants could be got over here. For the 
reasons stated in the first part of this letter for my disclosures to 
Luval and Salmon, and believing myself justified by my instructions, 
after the rerei|)t of the letter of the 10th of August, I replied I was 
confident they could be. He proposed to me to permit him to engage 
Tatischeff, the Russian minister, whose influence, and means of com- 
municating with the government, are said to be superior to all the 
rvHt of the corps diplomatique, to have this suggestion communicated 
to the king. To this I consented: but, as I thought it would be better, 
if ratischeflr did any thing, to procure his good offices by an imme- 
diate application, I apprised him of this conversation. He was very 
IVieridly in his exj)i*essions, personally believed the ratification neces- 
sary and proper for Spain, and, certainly, the policy of Europe re- 
quired it to be done. Sir Henry and Tatischeff had a similar con- 
versation, and the suggestion was made. The next time I saw the 
Russian minister, he said, if you can give assurances that there 
will be no recognition of the South American governments, the treaty 
will be ratilied. I replied, if that is the case, there will be no ratifi- 
cation, i hail previously furjiished Duke Laval w ith a memorandum 
on this topic, which, after keeping twenty-four hours, and, I have no 
doubt, shev\ ing it to Lozano Torres, who is supreme here, he returned 
it to me. riie substance of it was. that the sysiem of the Government 
was an impartial neutrality; it had been adhered to when we had, in 
our differences w ith Spain, the most powerful inducements to abandon 
it; that, when these differences were settled, there could be no induce- 
ment to change it. If Spain desii'ed us to remain stationary, in the 
dispute with her colonies, the first step to secuie her object was to 
ratity our treaty, then to consult ourv^ishes, and so to shape her 
poli<y as to inspire a sentiment of good will, powerful enough to 
counteract the prepossessions naturally entertained for the people of 



[ 55 ] 9 

South America by the people of the United States. This was the 
rational mode, and, in fact, the only mode of rcachitig her point. 
To refuse our treaty, and ask, as a condition of it, that we would 
not recognize, was the certain way to disappoint their wishes. The 
Grt>vernnient would not consider such a pro|)osition. This memoran- 
dum I shewed to TatischefF. He said what it contained was true 
and just, but there was no reasoning with ignorance and presump- 
tion. 1 did not hold any of these conversations until after the note 
of the 10th was received; and I was careful to express the desire, 
thaf these gentlemen should do what was done, not with a view to 
our interest, but to prevent Spain from injuring herself, and endan- 
gering what is termed the pacific policy of Europe. 

** On the whole, I am impressed with a belief, that they will propose 
to exchange ratifications in Washington, with the insertion of a 
promise not to recognize the Patriot Governments, and to preserve 
the grants. The latter will be as a dernier resort, given up as the 
price of the first. Without this, or something equivalent, we may do 
ourselves justice; they will not." 



Extracts of a letter from Mr. Forsyth, marked private, to Mr. JldamSf 
dated 2Sth January, 1820. 

** General Vives left this place on the 25th, for Paris, on his way 
to Washington. He went post to France, and I am informed is di- 
rected to remain as short a time as possible in Paris. He goes to 
England to embark for the United States. The alteration in his 
mode of travelling, and the directions he has received not to delay, 
give me some hope that he will arrive in America time enough to 
prevent the necessity of doing that without the consent of Spain 
which the American Government prefers to do with her consent." 

*' I send this by the way of Gibraltar, that the earliest notice may 
be had of General V's movements. In the course of the coming week 
I shall write officially, and enclose a copy of my answer to the Duke 
of S. Fernando's last note, written to inform me of General Vive's 
appointment." 



Extract of a letter from Mr. Forsyth, Ab. 12, Minister Plenipotentiary 
of the United States in Spain, to Mr. Mams, Secretary of State, 
dated Madrid, 15th February, 1820. 

*' By the return of Lieutenant Weaver, who came to this place 
yesterday, with a letter from Captain Stewart, I have a convenient 
opportunity of sending, enclosed, a copy of my last note to the Duke 
of San Fernando, No. 1, dated the day after General Vives left Ma- 

2 



10 [55] 

drid. It was written in conformity to what I believe, from the mes- 
sage at the opening of Congress, to be the wishes nf the President. 
If, in this, I should unhappily be mistaken, the affair stands in such 
a state that I can, at any moment, correct the error. Having in- 
formed this Govei-nment that I only detain the remonstrance, I can at 
any moment present it, if directed so to do, or if I shall be satisfied 
that the King has not given such authority to General Vives as will 
render unnecessary a recurrence to this disgraceful business." 



Mr. Forsyth to the Duke of San Fernando and Q^idrogaf Jirst Minister 
of State, ^7th Jan. 1820. 

Madrid, Ja?mrtri/ 2^, 1820. 

Siu: I have had the honor to receive your Excellency's officio, 
of the 16th December, giving me notice of the appointment of the 
Marriscal de Campo Don Francisco Dionisnio Vives, as Minister 
Plenipotentiary of the United States. According to tlie request of 
your Excellency, I communicated, by the first convenient opportunity 
that occuri-ed, a copy of your note to the American Government. 

The appointment of the Minister Plenipotentiai*y has been so long 
delayed, his departure so much procrastinated, his route to the United 
States is so circuitous, and his movements are so deliberate, that 1 
very much apprehend he will find, on his arrival, the determination, 
before now taken by the American Government, executed. His Ca- 
tholic MaJ«'sty may be assured, by your Excellency, that, should this 
be the case, the American Government will, nevertheless, governed 
by that temper of conciliation which has at all times marked its po- 
licy, give any explanations which may, in the spirit of amity, be 
asked, in the name of the King. 

Your Excellency views it as superfluous to continue discussions here 
of the points of the transaction with which his Majesty's Minister 
goes charged, and as likely to embarrass the course of the direct 
negotiation. As to the future, I have to iiiform your Excellency 
that I have no directions to discuss any of those points; and cer- 
tainly I have received, here, very slender encouragement voluntarily 
to encounter them. My duty, in regard to the convention, was 
terminated when I had the honor to send you the remonstrance of 
the 18th of October, which has given rise to an unpleasant question 
between us. From circumstances, ivell known to your Excellency^ 
I understand that the observations quoted, have reference, also, to 
that question. With this understanding, I give you the strongest 
proof in my power of my anxious desire to promote harmony oe- 
tween the two nations, by taking uj)on myself the rusj)onsibility of 
having so long withheld the return of the remonstrance, and in de- 
termining, still longer, to retain it in my liands. 1 do this with the 
confident expectation that the justice of his Catholic Majesty has, in 



[55] 11 

the powers given to General Yives, rendered a furtlier recurrence to 
that unha|)()y affair altogether unnecessary. While I give to your 
Excellency this proof of my wishes to conciliate, I must repeat that 
I hold it as imquestionablij my ri^/if to have that paper, or any other 
I may deem it necessary to send, laid hefore your Excellency's 
Royal master, for his perusal and consideration; holding myself re- 
sponsihle to my own Government only, for the language in which it 
may be expressed, or the sentiments it may contain. 

I renew to your Excellency the assurances of my profound con- 
sideration. 

JOHN FORSYTH. 
His Excellency the Duke of San Fernando and ^uiroga, 
First Minister of State, Sfc, Sfc. ^'C. 



Extract of a Letter from Mr. Forsyth to Mr. Mams, JVb. 1 5, 
March 30, 1820. 

"Soon after the change of Government was officialy made known 
to me, I determined to see the Duke of San Fernando, respecting our 
affairs, to learn if the powers given to Vives were such that no bad 
effect would be produced by the recent events upon the relations of 
Spain with the United States, and to endeavor to procuie, in this sea- 
son of generous feelings, the release of the Americans in confinement. 
Waiting a few days for the first bustle to be over, the Duke was re- 
moved from office, and a furtiicr delay unexpectedly occurred. As the 
new Secretary was not expected for some time, on the 27th 1 asked, by 
written note, for an interview with Mr. Jabat, who had charge of the 
office, it was appointed for the 29th. 1 saw him at the time fixed, 
and had a very long conversation with him. I stated the objects I 
had in view. Fie answered with great frankness. The substance of 
what I learned from him, is, that General Vives did not carry the 
Treaty ratified by the United States: that the King, having taken the 
oath to observe the Constitutioti, could not now ratify: that instruc- 
tions had been just prepared for General Vives, to apprise him of the 
change that had taken place, and of the want of power in the King to 
act further in the business; the whole matter would be laid before the 
Cortes, and the Minister had no doubt it would be arranged to the 
mutual satisfaction of the two governments, as the Cortes would, proba- 
bly, be composed of the most liberal and enlightened men of the na- 
tion: men, who had the disposition, the ability, and the courage, to 
give and to act upon good counsel. He spoke of the resemblance of 
the institutions of the two nations, and of his anxious wish to see them 
on the best terms. Of the American prisoners he professed a desire 
to do what would be agreeable to us, and would bring the subject be- 
fore the King. For lliis object, it was agreed upon between us, that 
I should address him an official note; a copy of it, marked No. 6, is 
enclosed. It was prepared immediately after the interview, and sent 



12 [55] 

on tlie ;10th. Mr. Jabat asked me, in turn, what would be the deter- 
mination of our Government in this new state of things? I replied, 
that I was exceedingly disappointed to learn that Genei'al Vives had 
not the ratified treaty to exchange in the United States; that I appre- 
hended his going without it would produce a very bad effect, and that 
I had no doubt there would be an immediate occupatio!i of F'hjrida, 
as recommended by the President to Congress; that we had always 
the strongest desire to be friendly with Spain — a desire which recent 
circumstances would encrease. 1 was perfectly aware that the King 
had now no power to I'atify, and trusted, with him, that every thing 
■would be arranged satisfactorily when the Cortes assembled. In the 
mean time, I hoped that no unpro|)itious effect on the dispositions of 
this G<»vernment would be produced by the measures we should have 
been reluctantly compelled to take. 1 expressed the greatest satis- 
faction at the prospect of a favorable answer to the application in 
favor of the confined Americans, and assured him it would he con- 
sidered as a conclusive j)roof, on the part of Spain, of a desire to do 
us justice and kindness in all things. The revolution will produce 
the best effects for us, if a judgment is to he formed from the language 
of tiie people in office, and of those out of office. The Government 
of the United States is considered, with reasf>n, more friendly to them 
than any other. The European Governments, without exception, 
see in the change whicb has been produced here, a dangerous example 
to their peo])le, and speculate, with dread, upon its piobable effect. 
J had supposed that the influence of trreat Britain would be very great 
under the new order of things. At present, there is a very whole- 
some jealousy and prejudice against that Government, existing among 
the people, and caiviully cherished by the ruling men: It is to be 
traced, in part, to the conduct of the English on the retui'n of the 
King from his captivity. They were supposed to have had some a- 
gency in preventing, at that time, the King's acceptance of the Con- 
stitution. The language used here is, there are but two free nations — 
the Spaniards, and the people of the United States; the English were 
free, but have been recer»tly enslaved by their Ministry and Parlia- 
ment. I hope that, before General Vives receives and communicates 
to the President the change in the Government, that Florida will be 
occupied by us, or, at least, that Congress will have passed a law in 
such terms as o render it obligatory upon the President to take it. 
Delaying to take it until the news is received of the establishment of 
a free g )vernment, and liberal institutions here, might be injurious: 
at present, every bo'iy here expects it will be seized, and the event 
will have no bad effect, unless it can, by misrepresentation, be made 
to a()|Kar the consequence of the recent events in Spain. It is im- 
poriant that Florida should be in our possession when the Cortes de- 
lib* late on tlie Treaty. The defect of granted authority, in that bo- 
dy, to cede territory, was not adverted to by Mr. Jabat, and has, 
probably, escaped notice The general assertion, that the sovereign- 
ty re/^ides essentially iu ti>e xation, which isr?prese»ited by the Cortes, 
'would, no doubt, be considered suiUcient when the territory was held 



[55] 



43 



by us; it mi.s^ht admit of dispute if it was not. "You will perceive, 
that two de|)Utii's from Cuba and the Floridas are to be in the Coites. 
Before July I hope to receive from you particular and special instruc- 
tions on this, and all other subjects connected with our interests. 
During; the Cortes, vvould be the most favorable time for a commer- 
cial arrangement, if one is to be made here, and I indulge the belief, 
that should, as is probable, the business of Florida be amicably ar- 
ranged, an advantageous commercial treaty may be formed. 1 look 
with anxiety for directions from yoai, formed upon the determinatioa 
Congress may have made." 



Extract of a letter from Mr. Thomas L. L. Brents acting as Charge 
d'affaires at Madrid^ containing the substance of a conversation 
between him and Mr. Jahat, 2,7 th April, 1820, to Mr. Adams, 

" He(Mr. Jabat) then adverted to the bill reported by the Commit- 
tee of Foreign Relations to the House of Representatives, foi the 
occupation of Florida; and asked me if I had received instructions to 
give any explanations on the subject. He intimated, that, if we did 
not extend our views farther than its occupation, every effort would 
be made to preserve amicable relations with the United States, every 
sacrifice, consistent with a due self respect; but, that the United States 
ought not to expect Spain would go any farther. Now that this had 
become a representative government, they would be under the necessi- 
ty of examining, with more scrupulous attention than ever, every act 
of theirs wiiich could, in any degree, compromit the just pride and 
dignity of the naticm. I told Mr. Jabat that 1 had no instructions on 
the subject. I only knew, I said, from the public papers, tliatsuch a 
bill was befoj-e Congress; and, consequently, did not feel authorized 
to give any explanations. That, as soon as 1 received, 1 would make 
them known to him. I begged him to tranquilize himself I said 
I hoped that, with such dispositions as were manifested by the 
new government, and the corresponding sentiments of mine, that 
every thing would finally be amicably arranged; and that matters 
might be so managed, as that the steps which the United States may 
have thought it necessai-y to take for the assertion of their lights, 
might be made reconcileable with the pride of his government; 
steps which they will have been compelled to resort to, from the 
conduct of the former administration of his government, and the 
measures of the old system. It may be proper to notice, that this 
minister was evidently under an apprehension, that tlie United States 
mi.:;ht not limit themselves to the occupation of the territory of Flori- 
da alone. In the course of the conversation, Mr. Jabat said, that, 
as tiiei-e would be opposition, blood might be spilt in the occuj)ation 
of Florida; and the idea of it, seemed to give him great pain. Mr. 
Jabat's manner, during the whole of this interview, was mild and 
friendly, and mine corresponded to his." 



14 [55] 

Extract of a letter from Mr. Forsyth to Mr. Adams , No. IB, dated QOth 

May, 1820. 

** By the Gibraltar mail of the — instant I received the duplicate of 
your No. 1 1. You will herewith receive copies of Mr. Jabat*s letter, 
givini^ notice of the birth and title of the son of the Infante Don Fran- 
cisco de Paula, and my answer." 

" On the 12th, I j)aid the minister a visit, at the office of state, and, 
as I expected, he inquired if I had any recent advices from America. 
I stated to him, very frankly, that I had received nothing but the per- 
mission from our government to return to the United States, which, 
from a belief that it would be most agreeable to the President, I 
should not use until after the celebration of the Cortes. He professed 
to be much gratified by this determination, which he thought was 
calculated to promote that good understanding between our respective 
governments, to secure which, was the object of our mutual wishes. 
From this the conversation naturally turned to the unofficial notices 
from the United States, and particularly to the report of the com- 
mittee on the affi^irs of Florida. He did not appear to apprehend 
that we should do more than occupy the territory; but he expressed 
a great deal of dread lest there should be blood shed in effiscting 
that object, and carrying into effect the act proposed by the commit- 
tee. As 1 had been told, as stated in my No. 17, that some uneasi- 
ness was felt on the first poinf, I thought it prudent to shew him that, 
with the disjjositions now entertained in Spain, there was no reason 
to fear that we should be disposed to go beyond the limits of the trea- 
ty of February, 1819. He would recollect, that the only motives we 
could have, were to procure satisfaction for the injury sustained by 
the delay of Spain to ratify the treaty, and compensation for any 
deficiency in the fund for the payment of our citizens, occasioned by 
the mistake of Mr. Onis, about the date of the large grants. On the 
first, I was sure a reasonableexplanation would be deemed sufficient; 
on the second, there could be no difficulty, as the abandonment of all 
pretension in fav^r of the grantees, was more necessary to the charac- 
ter of Spain, than it w as important to the interests of the United 
States." 

" I did not suppose there w^as much ground for the fears he seemed 
to entertain, of a formidable resistance to the occupation of Florida; 
nevertheless, as he was seriously apprehensive, I suggested that tlie 
President would, no doubt, employ a force so powerful, that resistance 
would be hopeless, and I presumed the good sense of the Spanish 
authorities would prevent them from making a nseless sacrifice of the 
lives ofthe soldiers committed to their care. It was obvious, from 
the conversation of Mr. Jabat, that the seizure of the territory was 
anticipated, and that the only fear really entertained, was tha"^ the 
mode of occupation would impose an obligation on the present rulers 
to make a noise about it. The interview terminated by a renewal of 
the assurances formerly given, ofthe desire of the government to es- 



[55] 



15 



tablish a permanent friendship with us, and with the hope, recipro- 
cally expressed, that nothing might occur to render it difficult. Oti 
the 15th, I received a note from Mr. Jabat, copy enclosed, invit- 
ing me to see him the next day, at eleven. I saw him at the hour ap- 
pointed, and his first question was. Have you any thing from Washing- 
ton? To my reply in the negative, he said, then I shall have the plea- 
sure of giving you very recent advices from that place. He shewed 
me a despatch from Mr. Serna, of the 28th of March, enclosing copies 
of the Preside»it's message to the House of Representatives, of the 
27th, and of the documents accompanying it. Mr. Jabat was highly 
gratified,* said nothing could have occurred more favorable to the fu- 
ture amity of the two nations; that he had shewn these papers to the 
King, who was pleased both with the measure proposed, and the rea- 
sons offered for it by the President. Mr. Jabat did not omit to sug- 
gest, what I knew ■perfectly well, that the accomplishment of the expecta- 
tions of the President, would have to be imputed to the recent revolution in 
Spain. He explained to me what I did not understand in our previ- 
ous conversation, the foundation of his fears of a formidable resistance 
in Florida. It seems the ports of the territory had been reinforced 
from Cuba, and the Governor General of that Island had given ofli- 
cial notice of it to the Secretary of State. Joining with the Spanish 
Secretary in his expressions of satisfaction, I suggested the hope, that 
General Vives would not arrive until after the adjournnjent of Con- 
gress, as it was impossible to foresee what might be the effect pro- 
duced by his arrival, without competent power to meet the just ex- 
pectations of the American government. I did not fear any ill conse- 
quences, if news of the revolution in Spain should reach Washington 
before a determination was taken. I was confident, that, irritatiug 
as this want of authority might be, that the President would be dis- 
posed to give to the King of the Spains proofs of the moderation and 
goodwill which had distinguished the conduct of the United States 
to the King of Spain. Taking the time at which Congress has usual- 
ly adjourned as the criterion, I supposed that General Vives would 
scarcely see W'ashington before the adjournment of the legislative 
body. I have since learned, from our newspapers, that Congress 
would have continued its session until the beginning of this month, 
and that General Vives reached New York on the 5th of April. I 
now hope that Mr. Hackley, who carried my despatches of the 9th 
March, and who left the Straits of Gibraltar about the 27th March, 
will be in the United States within a shorttime after the arrival of 
the Spanish Minister. In the present state of things, nothing could 
be more auspicious than the proposed delay of acting against Florida, 
although the President will have perceived, from your first communi- 
cations with General Vives, that, but for recent events, we should 
have given another proof of useless forbearance, if the utility of for- 
bearance was to be estimated by the good effect it would have pro- 
duced on the government of Spain. Mr. Jabat proposed to me to see 
the King at the circle that day — a ceremony I have not thought it 
necessary to observe since the postponement of the ratification of the 



16 C 55 3 

treaty. Always, however, replyinis: politely to the notes sent on 
particular occasions, and once callin,^ at the Palace when the King 
was ill, I had resolved to renew these visits of ceremony, inunediate- 
ly after the liberation of tlie Americans, prisoners in Spain, and, 
therefore, the more readily acceded to this proposal. I attended the 
circle with the diplomatic hody, and was received, as I. had been 
taui^ht to expect, perfectly well, and as if there had been no interrup- 
tion in my visits to it." 



Extract of a letter from the same to the same, JVb. 19, dated 13th 

July, 1820. 

** A few days after the arrival of the Minister of State, Perez de 
Castro, I called at his oHice to see him on our affairs. I stated that 
the time for the meeting of the Cortes was near at hand, and I was 
desirous to kiow what was proposed by tliis Government to be done. 
He declared himself to be unable to converse on the subject of the 
negotiation with the United States. He was not master of the cor- 
respondence, and that his numerous and pressing engagements had 
rendered it impossible for him as yet to become so. He was examin- 
ing and hoped to speak advisedly on it in a short time. I gave him 
a translation of the remonstrance of the 18th of October, to apprise 
him of the state of the dispute in relation to the 8th article of the 
treaty, not officially, hut as a document for his own examination, 
telling him that 1 did not conceive it necessary, from the disposition 
manifested since the revolution, to make an official representation on 
this subject. He received it very willingly. He had seen, as he 
stated, in the foreign newspapers, that it was asserted by the Ameri- 
can Government, that the treaty was obligatory upon Spain, although 
not ratified; this position he could not consider as founded either in 
the opinion of the best authorities, or in the usages of nations. I ex- 
plained to him that we considered the treaty obligatory injustice and 
in honor, as if ratified by Spain. As no satisfactory reason had been, 
or, as we believed, could be, given, for the refusal to ratify, there 
could be no question as to our right to resort to any measure we 
deemed proper to obtain satisfaction. The least we could do was to 
execute the treaty; and when we gave to Spain all the advantages 
she could derive from it, we should take from her all just cause even 
to complain of the course pursued. He spoke a good deal at large of 
the charge of bad faith which was urged against Spain, and said she 
had no motive of avarice or ambition to gratify in her negotiation 
with us; and. if her policy required her to procrastinate, this was no 
reason to charge her with ill faith. To all this I answered that the 
systematic procrastination, although at all times vexatious, had never 
been urged as a proof of had faitli; it was the non-compliance with 
engagements actually made by persons duly authorized and empow- 



[55] 17 

ered by this Government. That, if the avarice or ambition of the 
Go^^^nment was not known in the negotiation, that of individuals 
who had possessed influence in Spain was but too visible. I saw him 
again after ten days. He had run over the whole correspondence; 
talked of the treaty of 1802; the proposals of Mr. Pinckney; the guar- 
antee of the Spanish American dominions, as an inducement to cede 
Florida; in short, of all that had passed prior to the convention of 
1819; of the losses Spain had sustained; and of our gains. I listened 
patiently to all he had to advance; when he had finished, 1 replied that 
we had gained nothing from Spain; if her arrangement with another 
power was matter of regret, it was not our fault. What we had ob- 
tained, was purchased and paid for. That I had no instructions fiom 
the President since August. 1819, and tlierefore could not speak cer- 
tainly of what might he the wish of my Government; but, that it ap- 
peared to me, it would be better for Spain, at the present juncture, 
not to look beyond the treaty of 1819, but to consider what obliga- 
tions were imposed upon her by it, and by her as yet unexplained re- 
fusal to ratify it. He did not seem unwilling to adopt tliis idea, and 
entered into a short examination of the conduct of the United States, 
in the dispute between the colonies and Spain; the expeditions fitted 
out by Miranda, Mina, &c. &c.; of the patriot privateers, &c. Ace. 
I replied that we had done all Spain had a right to ex|)ect from us. 
That, determining to be neutral between the contending parties, we 
had taken every means necessary to preserve that neutrality. If the 
laws of the United States had been sometimes violated with impunity, 
it was what had occurred, and would occur in all nations, by the es- 
cape of persons w ho had committed offences. That all reclamations 
founded upon them by causes of complaint, were removed by the con- 
vention, 6cc. Previous to this conversation, I had seen, in the En- 
glish newspapers, the President's Message to Congress, of the 9th 
April, headed by a sort of abstract of your correspondence with Gen. 
Vives, in which it was stated that this Government had not asked ex- 
planations of me relative to the treaty, because of my intemperate 
conduct. I remarked to the Minister that this was not the fact. Ex- 
planations were not asked of me, because, anticipating what would 
be required, I had given the ministry to understand that, upon the 
subject of the dispute with the colonies, I had no explanations to give, 
and that it was informally made known to me, before the 22d of 
August, that I could have the convention if I was authorized to pro- 
mise that the Government of the United States would not recognize 
the independence of any of the patriot governments. He said he had 
read the note I had given him, and those previously written, and that 
there were expressions stronger than he had ever met with in diplo- 
matic correspondence, but he supposed they were written when I 
was a little warm. I questioned w hether he had ever met with a simi- 
lar case in the history of diplomacy, and that I was not a little 
warm, but indignant, at seeing the character of a great nation, and 
its peace, and that of my own country, put in jeopardy for the sake 
of, and by the intrigues of, selfish individuals. As the Minister had 
3 



18 [55] 

not seen the message, I promised to procure and send it to him. 
He was not prepared to say what course would be recommended to 
the Cortes, upon whom every thing depended. I pressed upon him 
the necessity of doing what was done promptly. He was satisfied of 
the importance of doing so, and promised to let me know the deter- 
mination of the ministry as soon as it was made. At parting, he 
referred to the assistance received from Spain during our Revolu- 
tionary war, which he said we ought not to forget. The reply was, 
we never forget when you permit us to remember it. I met the Se- 
cretary of State at dinner on the same day, at the English Ambassa> 
dor's. He told me he had received that morning, from General Vives, 
despatches, the President's Message, and the correspondence sent 
with it to Congress. He had not yet had time to read them atten- 
tively, but appeared to be pleased with what he had seen in glancing 
over the papers. On the 4th of July, Mr. De Castro dined at my 
house, and brought with him a copy of the Message and correspond- 
ence, which he left with me, to be returned, as he had but the one co- 
py. On the 6th, the Cortes was installed; Espiga chosen President, 
a priest, but one of the most liberal; and Quiroga Vice President. 
I was in the tribtine prepared for the diplomatic corps during the 
rotation, and went fiom it to the office of Mr. De Castro, to restore 
to him the documents he had loaned me. He was just going to the 
King, and had but a few moments to converse with me. In these 
few he said he thought that the President did not look beyond the 
ratification of tlie convention, the grants being set aside, and there 
could be no difficulty about them. It was his opinion that this should 
be done. I do not say, he continued, it will be done; that depends 
on another body; but it is my opinion that it will be. What say you, 
he asked: will this be satisfactory? I reminded him that I had no 
instructions; hoped to receive them, i could give him only an 
opinion in turn. Judging from the correspondence and message, I 
saw no sufficient reason to change the opinion already given to Mr. 
Jabat. that the ratification of the treaty, accompanied by satisfaction 
for the injury caused by the delay, would be accepted by the United 
States. I was present at the session of the Cortes on the 9ih. The 
oath required by the constitution was taken by the King, in due form, 
and an address made to him by the President. The King said a few 
words in reply, and then read his speech. Copies furiiished by the 
Department of State are enclosed, as also copies of the answer of 
the Cortes, prepared by a select committee appointed for that pur- 
pose. The answer to that part of the King's speech, which refers 
to the dispute with the United States, is marked by the introduction 
of a very emphatic word. The King says * although the complica- 
tion of various circumstances has not permitted as yet the adjust- 
ment of those differences, (with the United States and Portugal) I 
hope that the justice and moderation of the principles which direct 
our diplomatic operations, will j)roduce a result decorous to the na- 
tion, and agreeable to the pacific system, &c. &c. of Europe.* The 
answer is, the * Cortes only regret that there exists differences with 



I 



[ 55 ] 19 

the United States and his most faithful Majesty, but the principles of 
moderation that will dirert now our diplomatic negotiaiions. give 
hope to the Cortes that tiicy will conclude in terms, which, being a 
termination decorous to the nation, may not interrupt the pacific 
system &c. &c. of Europe.' 

" On the nth, the Minister of State read his report to the Cortes, 
and gave them an account of the state of the dispute with the United 
States. I was not present; a very imperfect account of it is publish- 
ed in the newspapers. I hope to procure it to send with this despatch; 
as also a very interesting report of the Minister for the Govern- 
ment of the Peninsula, Augustin Arguclles." 



Extract of a letter from the same to the same, marked private, 30th 

Jidij, 1820. 

" On the 22d, I wrote to Mr. de Castro, to say to him, that the 
President would accept the treaty of 1319, subject to the advice and 
consent of the Senate, if immediately ratified hy Spain. Had the 
Secretary of State been in Madrid, after what has occurred in our 
conversations, I should only have stated to him verbally what I had 
been instructed to say; but, as tiie time of his stay at Sacedon was un- 
certain, 1 thought it better to write than to ask an interview at that 
place, as the latter uiight be imputed to an anxiety on the subject I 
was instructed not to discover. His answer is of the 25th, and is per- 
fectly satisfactory He has the commands of the King * to bring the 
business of the negotiation immediately before the Cortes, and is using 
all exertions to do so.' Mr. Jabat called on me the 27th, to say, that, 
in consequence of this correspondence, the King would shorten his stay 
at Sacedon. would come to Madrid on the 1 0th of August, and that 
the negotiation would be, by the 12th, before the Cortes. There is there- 
fore every reason to hope, that all will be finished by the 20th. As so 
little time is t(» elapse before I shall have it in my power to say w nat 
has been done, I write hastily, intend!. ,g, immediately after the deter- 
mination of the Cortes, to foru ard copies ot the correspondence, and 
a more formal statement of what has occurred and may occur." 



Extracts of a letter frmn the same to the same, marked private, 27th 

August, 1820. 

** My hopes of seeing the business of the Florida treaty definitively 
arranged by the 20th of this month, have been disappointed. 1 he 
king did not come from Saredon until the 12t!i. 1 was taught to ex- 
pect an immediate movement in oui- afifairs, but it was not made. 
Early last week 1 had an accidental interview with one of tlie minis- 
ters, Mr. Jabat, who told me the necessary papers were prepared. 



20 [ 55 3 

iand would be before the Cortes durinjsjtbe week. Yesterday morn- 
ing, as nothing had been done, I called at the office of Mr. de Casti-o, 
to know what was the motive for delaying to present the subject to 
the Cortes. Mr. de Castro imputed it entirely to the press of im- 
portant matters at home. He had just sent to ask the Cortes to de- 
signate the day and hour when he could lay before them, in the name 
of the king, the business of the treaty for the cession of Florida. Be- 
fore I left the office, the Secretary of State was informed, that the 
Cortes would receive him immediately. At one o'clock yesterday, 
the Cortes had a secret session, and no doubt the proper communica- 
tion was made. I still refrain, therefore, from sending you copies of 
the previous correspondence with this government, believing, that 
within a few days, I shall be able to give you the result of the delib- 
erations of the National Cortes." 

" With the expectation of giving you, in a very short time, the final 
resolution of this government, on the affairs of the treaty, 
I am, dear sir, respectfully. 

Your most obedient servant." 



Extract of a letter from the same to the same, {JSTo, 20,)21sf Sept. 1820. 

" In a postscript, dated July SO, to my despatch of No. 19, I had 
the honor to acknowledge your No. 12, of the 25th of May. On the 
21st I wrote to Mr. de Castro, who was at Sacedon with the king, a 
note, (copy marked No. 1.) His answer, (copy marked No. 2,j dat- 
ed the 25th, was received on the 26th July. On the 27th I had a visit 
from Mr. Jabat, who called by the desire of Mr. de Castro. Mr. 
Jabat informed me that the king would shorten his stay at Sacedon; 
would be in Madrid on the 10th of August; that all the documents 
relating to the treaty of cession, and the late correspondence, would 
be presented by the 12th, to the Cortes, and he hoped all would be 
despatched before the 20th. For the reasons explained in my private 
letter of the 27th August, the necessary communication was not made 
to the Cortes until the 26th. The subject was referred to the Poli- 
tical Commission, who have not yet given to the Cortes the result of 
their examination of it. Mr de Castro has uniformly assured me 
of his anxiety to have an immediate decision. He solicited a speedy 
decision when he presented the papers to the Cortes'. Although I 
Ic »k daily for further infoimation of the movements of tliat br)dy, I 
am without the means to know, certainly, when they will be made.** 



L55] 



21 



Mr. Forsyth to Don Evaristo Pere% de Castro^ Secretary of the Despatch 

of State, ^c. 

Madrid, July Qlst, 1820. 

Sir: In the several conversations I have had with your excellency, 
on the relations of our respective governments, arising from the con- 
vention of 1819, I have expressed my conviction that, notwithstand- 
ing what has occurred, a prompt ratification of that instrument by 
Spain, accompanied by satisfaction for the injuries sustained by the 
United States, in consequence of its being heretofore withheld, would 
be accepted by my Government. I have now the instructions of the 
President, and am authorized to assure you that the immediate rati- 
fication by Spain of the convention of February, 1819, will be ac- 
cepted by the President, subject to the advice and consent of the 
Senate of the United States. 

Relying implicitly upon the assurances received, of the desire of 
this Government to terminate at once, and in the most amicable 
manner, the dispute with the United States; I with pleasure avoid 
the unpleasant task of remarking upon the disagreeable occurrences 
connected witli this subject, since my residence near the person of 
his Catholic Majesty, or upon the surprise and disappointment felt 
in the United States, on the discovery of the object of the mission of 
General Vives, and the limited power granted to him. Your excel- 
lency is already apprised, tiiat tiie Government of my country has 
been induced to delay acting decisively against Spain, by the extra- 
ordinary change in the constitution of this monarchy; a revolution 
without example in the history of the world — the admiration of the 
present, as it will be of every future age. The expectation that all 
differences between Spain and the United States, would be speedily 
and satisfactorily adjusted as soon as this Government was com- 
pletely organized, on the principles of the change which had taken 
place, was the cause of this delay. The moment has arrived which 
will sec this expectation realized or disappointed. His Catholic 
Majesty now sees in his capital the representatives of the people. 
The Cortes are in the full and tranquil exercise of the high and im- 
portant duties confided to them, by the Constitution of the Spanish 
monarchy. I refrain from indulging the free expression of my con- 
gratulation to the King and to tiie nation, at the interesting events, 
of wliich I have been the witness. Were I to use the only language 
I am accustomed to use, that which truly expresses my sentimerits, 
my motives might be misunderstood, or I should be accused of sub- 
stituting the effusions of enthusiasm, for the offerings of diplomatic 
resped. 1 content myself, therefore, with tlie simple expression of 
m) satisfaction at the situation in which this Government finds itself, 
as it affords the oj)portunity of bringing to its close the long pro- 
tracted negotiation vsitli my own country. The attention of the Cor- 
tes has been already called to this subjtct, and they have been in- 
formed by his majesty, that their intervention will be, under the pre- 



22 L 55 ] 

sent system, necessary to its final settlement. This intervention can- 
not be too prompt, considering^ either the effr-ct to be produced on the 
future relations between the two countries, or the time which has 
elapsed, not only since the signature of the convention, but since the 
expiration ofthe period at which the ratifications of it were, by express 
stipulation, to have been exchanged. The only questions presented 
for decision, are of a character that demand but little consideration. 
The principles which must regulate this decision, are so well known^ 
as scarcely to admit a difference of opinion respecting them. 

What are the obligations imposed upon Spain by the signature of 
the treaty, and the subsi-qurnt failure to ratify it? The obligation to 
ratify, is the inevitable result of the formation of a treaty, and can 
only be avoided, by shewing what in this case has never been assert- 
ed — that the negociator who signed it, stipulated, in the name of his 
Government, what he was not authorized to stipulate. Upon the 
principles universally recognised, by the law of nations, it is beyond 
dispute, that the faith of the nation, once pledged by its monarch, 
having competent power, Jio change in the internal government can 
release it. The promise of the King once given to a foreign govern- 
ment, no subsequent engagement with his own subjects, or with other 
nations, can impair its strength. If these principles are true, the 
obligations consequent upon the failure to ratify, are unquestionable. 
The first of these, is the prompt ratification of the instrument; the 
second, an explanation of the causes justifying the postponement, to 
this time, of the ratification, or an atonement for the injuries result- 
ing from it. In urging an immediate decision, I am specially in- 
structed to add, that it is not the intention of the President to avail 
himself of the incidents of this negotiation, and of the principles of 
the laws of nations applicable to them, to fasten a hard and unequal 
baigain upon Spain. He has always considered and still views the 
treaty as highly advantageous to Spain, and would not now desire 
its ratification, if, in the just and reasonable estimation of Spain her- 
self, it could be viewed in any other light. 

The causes which have heretofore (ielayed this ratification, here 
present themselves for examination; but, for the reason already in- 
dicated, and fi'om a desiie to avoid all unpleasant and useless recol- 
lections, 1 shall not dwell upon them; it is enough that, however sa- 
tisfactory they may have been made to appear to liis Catholic Ma- 
jesty, they do not justify, in the eyes of the United States, the course 
that has been pursued. But, even these causes, so far as the judgment 
of his majesty's minister in the United States can be relied upon, no 
longer present obstacles to the immediate and final decision of this 
affair. But, while the government of the United States is far from 
considering the delay which has taken place as justifiable, I am not 
instructed by the President to insist upon, or even to ask satisfaction, 
for the injuries occasioned by it. TIshI this satisfaction has rot been 
claimed by the United stales, is to be imputed not to any doubt of 
their right to demand, or ui iliii oo Station of Spain to alford it, but 
has sprung from the desire to manifest, more clearly, the principles 



[55] 



23 



of forbearance and moderation that have governed their march in 
this n{'s;()tiation. 

That it is not asked now, arises from sentiments towards the Spa- 
nish nation no one more truly than your Excellency can understand 
and appreciate. 

What follows will, I trust, be found to be altogether unnecessary; 
nevertheless, it is incumbent upon me to say to your Excellency, that, 
if the determination of Spain to ratify the Convention of February, 
1819, is not immediate, the claim to further satisfaction will be no 
longer waived; that, upon any future adjustment, the United States 
will insist upon an indemnity; thatan additional provision will be indis- 
pensable for the existing claims of their citizens upon the Spanish go^ 
vernment; and that the right of the United States to the Western 
boundary of the Rio del Norte, will be re-asserted, and never again 
relinquished. 

I renew to your Excellency, whom may God preserve, the assur? 
ances of my perfect lespect. 

JOHN FORSYTH. 
His Ex. Don Evaristo Pbrez de Castro, 

Secretary of the Despatch of State, S^c. ^'C, 



Extract of a Letter from Mr. Forsyth to Mr. Adams, marked private, 
21st September, 1820. 

" Apprehensive that the decision of the Cortes on the business of 
Florida will not be made in time to enable me to give you notice of it 
before the meeting of Congress, I have thought it prudent to forward 
to you my despatch of this day's date. You will seethe grounds I had 
for believing that a speedy decision would be made, and that the deci- 
sion would be what was desired by the President. Although the delay 
is apparently without motive, 1 have no reason to doubt that the deci- 
sion, when made, will be what we have a right to expect. I saw Marti- 
nez de la Rosa, appointed to the political commission in place of Count 
Toreno, who was elected President of the Cortes, three days since. 
He told me the Secretary of State had pressed them to make an early 
determination, and that the report of the commission would be soon 
prepared. He acknowledged, at the same time that he did not know the 
state of the business. Mr. de Castro,on Tuesday, expressed the greatest 
anxiety to have the affair ariatiged before the meeting of Congioss; 
had directed General Vives to give you every assurance of the wish 
of the Government to satisfy us. It is true that the change in the head 
of the political commission accounts for a portion of this delay, and 
that the Cortes have been occupied by the consideration of questions 
apparently more pressing, as they related to ch^ affairs of tlie Penin- 
sula, and were connected with the public tran'juidity; siiil however* 
there has been ample time for the adjustment of this business 



24 t 55 ] 

•* Mr. Onis has published a memoir on the negotiation between the 
United States and Spain, with a statistical notice of our country; a 
work that does little credit to his penetration or candor. He accuses 
us of ambition and avarice, and jet endeavors to shew that the treaty 
of cession of Florida ought to be considered as a treaty of exchange of 
Florida for Texas; a country more extensive,fertile,and valuable. I send 
you an extract from that i)art of the work which relates to the corres- 
pondence on the subject of the grants after the treaty was signed. In 
another part of the work he imputes the refusal to ratify, prior to Au- 
gust. 1819, to a belief that England would make use of the cession of 
Florida to us as a pretext to seize the Island of Cuba, and to a belief 
that we would occupy the territory by force, and by this means se- 
cure the donations to Alagon, Punon Rostro, and Vargas." 



[translation.] 
Don Evaristo Pere% de Castro to Mr. Forsyth. 

Sir : I have lost no time in laying before the king, my august 
mastei', the contents of your excellency's note of the £2d instant. 
His majesty has received, with the greatest interest and satisfaction, 
the information contained in the communication which you were pleas- 
ed to make to me concerning the instructions which you had received 
from your government, and which are conformable to what has been 
communicated by the minister of Spain at Washington. You may be 
firmly persuaded, that the desires of this cabinet to see a prompt 
termination of the business left pending, by the non-ratification of 
the treaty of February, 1819, on the part of the king, are as lively 
and sincere as its will is decided; and, it is full of hope, that the de- 
cision of this subject will be satisfactory for both states, and apt to 
be found upon unalterable bases, the friendship which his majesty is 
desirous of preserving with the United States. 

It being indispensable to hear the Cortes of the kingdom, before 
the king, my master, can take tSe final step which the President de- 
sires, and with which his majesty flatters himself to see the present 
dispute happily terminated, he has been pleased to command me to 
put this business in a state of being presented to the National Con- 
gress, so speedily, as that it may experience no more delay than may 
be absolutely indispensable to accomplish it. I have received this or- 
der with singular pleasure, as being so agreeable to my personal sen- 
timents; and overcoming, by dint of activity, every impediment which 
miglit oppose the desired ready despatch of this important subject, 
through my recent entrance into this ministry, and the imperious ne- 
cessity of my informing myself of its former and present state. I 
have the honor to assure you that I hasten, and, if I may be allowed 
the expression, count the moments to present myself before the Cor- 



[ 55 ] US 

tee with this business; it being my solicitude to give every activity to 
its resolution, and not to delay an instant the desired conclusion of the 
wliole. In tlie mean time, his majesty has seen, with satisfaction, 
the sentiments which animate the President of the United States, an 
estimable proof that he has confidence in those of the king, my au- 
gust master, and in the punctuality and good faith of the nation, hap- 
pily regenerated by the new institutions, which cannot fail to desig- 
nate in the acts of tlie government, that firm and loyal march, of 
which the noble Spanish character, and the wisdom of their represent- 
atives are tlie guarantees. 

I avail myself of this occasion to reiterate to you the demonstra- 
tions of my great considei'ation; and I pray God to preserve you 
many years. 

Your most obedient servant, 

EVARISTO PEREZ DE CASTRO. 

Sacedon, 25th July, 1820. 



Mr. Forsyth to Mr. Mams, marked private, 5th October, 1820. 

Dear Sir : Three days since, the Political Commission made a 
report to the Cortes, and this day, in secret session, that body advis- 
ed the king to cede tlie Floridas to the United States. Tlicy have 
also declared null and void the cessions of land to Alagon, &c. al- 
though the treaty of February, 1819, should not be ratified. I pre- 
sume I shall receive from the minister of state, early information of 
the king's ratification of the treaty. 

I am, dear sir, sincerely and respectfully. 
Your obedient servant, 

JOHN FORSYTH. 
John Qtjincy Adams, Secretary of State. 



J\Ir. Forsyth to Mr. Mams, (J^o. 21, J dated Madrid, llth Oct. 1820- 

Sir : On the 5th I had the honor to inform you, that the Cortes 
had authorized the king to cede the Floridas to the United States, 
according to the convention of February 22d, 1819. On the 6th I 
received from Mr. de Castro an official notice of the determination 
of the Cortes, and a request to be informed of the wishes of the Amer- 
ican government, in regard to the 8th article, as I supposed, with a 
view to have the ratification of the king in such terms, as to prevent 
the necessity of any thing but the mere delivery of the treaty at Wash- 
ington, when the ratifications are to be exchanged. A copy of his 
note is enclosed, marked No. 1. I replied on the 7th : a copy of my 
answer is marked No. 2. This answer I carried with me to the pa- 
4 



26 [ 55 ] 

lace, it being court day. In the secretary of state's office, I received 
a message from Mr. de Cawtro, who was confined to his bed at home, 
reqnestiiig me to visit liini. I went immediately, and carried with 
me my answer to his note. As he reaiis English with diJhculty, he 
opened, but did not read it. His object apppeared to be to ascertain, 
if I was authorized to make any stipulations about the 8th article of 
the treaty; or, if there was a probability of obtaining any stipula- 
tions in Yv'ashington, favorable to Spanish claimants, for injuries suf- 
fered from the United States. He said the Cortes had giveji the king 
authority to execute t!ie treaty, and to set aside the gi'ants of Aiagon 
and Funon-Rostro; that of Vargas v^'asoutof the question, being sub- 
sequent to tlie 24th January, 1818. He spoke of the cession of Var- 
gas as a fund for the payment of American claims on Spain; said tiie 
treaty \\ as clearly in favor of Aiagon and Piinon-Rostro The 24th 
of January was not assumed as an arbitrai-y date, but fixed upon on 
principle, by Mr. Onis, who, in his letter to Mr. Adams of the lOtli 
of March, stated, after acknowledging he believed them to be posterior 
to the 24th January,that he would bave insisted on their being aduiit- 
ted as valid, had he known tbem to be anterior. ]Mr. de Castro bad 
no desire to procure any thing for such people as Aiagon and Punon- 
Rostro, but thougjit it equitable that the United States should set 
apart a portion of tliis fund, increased by Spain's abandoning the lit- 
eral import of the treaty, for the benefit of Spanisii subjects. To all 
this I answered what was contained in my letter : I had no authority 
to make any stipulations. So far as regarded the government of the 
United States, the question was considered as settled. I begged him 
not to think of asking aiiy thing at Washington: it could not be grant- 
ed: might do injury; could not produce any good result. I reminded 
him, that the offer made in October, 1819, to the duke of San Fernan- 
do and Quiroga, the admission of the American declaration against 
the grant, was a condition upon which alone the ratification of the 
treaty by Spain could be admitted; and also of the declai'ation of 
General Vi\ es, that, upon the subject of tlie grants, he was satisfied 
with the explanations given to, and received from, Mr. Adams, at 
Washington; and, that these donations were never insurmountable 
obstacles to the ratification of the treaty on the part of Spain. He 
I'eplied, tiiat this a«hiiission was on the supposition that the other ex- 
planations would be satisfactory. Satisfaction not having been re- 
ceived on t!ie last and most important, tlie othei's might again be 
broright into view. He talked of the guarantee oftered by Mr. Pinck- 
ney; of tliei-e being no pi-ovision in the treaty for Spanish claimants, 
as there was in that of 1802. aiul how desirable it would be if some- 
thing could be procured for them, on the adjustment of this difficulty 
intlte convention, aii adjustment in which Spain gave up what was 
clearly secfired to some of her subjects. I remarked to him, that the 
offi'r made by the instractions of tlie President, in July last, was made 
on tlie admission of General Vives, that there would be no demur re- 
specting tlie grants. If these were brought again into question, my 
government was not bound by the offer then made. He said it ap- 



C 55 ] 27 

geared somewhat iinequitablo. and liard to insist upon tlic alloration 
or modification of the treaty witliont any cqiii\alent. To this I un- 
sweri-d. that all he liad nrgcd mi|^]jt have i)ccn plausiblo il" nigod be- 
fore tiic 22)1 August, 1819, but alter the delays ^Yhicll had occ.it.rred, 
and the incidents of the negotiation, we thought \vc exercised a degree 
of uncxami)led moderation, agreeing to take tlte ratinoujiion on the 
terms originally agreed upon and understood between the two nego- 
tiators. We had some conversation on tlie mode of ratii'icaiion by 
the king, to obA'iate all diihculty at "NVasliington. I stated to him, 
that this, of course, wasa matter, in which we w ould do whatever \\ as 
agreeable to the Spanish goxernment. The American declaration 
of the force of tlie 8tb article, might be received b}^ Spain; a declara- 
tion might be made by the king, declaring tJie sense in which his ma- 
jesty understood it, or a joint declarath)n might he made. He pj-o- 
posed seeing me again on the following day, at twelve, in company 
with a confidential person, at the oflice, if he was able to go out, or in 
his I'oom, if he was not: to w inch I consented. At paiting, I pointed 
out to him in the published documents relating to tlie treaty, which I 
carried for the purpose, the declaration I ^^ as directed to present, by 
my first instructions; the instructions relating to it; the subsequent 
instructions modified, Avhich came to me by the Hornet: and my oflcr 
to the duke of San Fernando and Quiroga, madc^ in conformity with 
them. He said he would examine the papers; sketch something io 
shew me in our next interview : would despatch evei-y thing with the 
greatest possible expedition, and send off a messeng;er to "Washington- 
On the 8th I saw him again, at his liouse, at t\s elve. He had with 
him the elder Heredia. The conversation was a lepetition of that of 
yesterday. The only new idea expressed, was, tliat it was imjiortant 
to the new government, to gain credit by i>rocuring some advantage in 
arranging the business of the treaty, and a suggestion that Mr. Onis 
would not have made the treaty in any terms but those in which the 
8th article is expressed. To the first I replied, tliat the new govern- 
ment would dewervc and receive all praise, for saving the country from 
the consequences of the impolitic steps of the old, and preserve tlie 
honor of the nation, by abandoning pretensions which injured its 
character. To the last, that tliis suggestion was altogetlier at vari- 
ance with the declaration of Mr. Pizarro, w itli Mr. Onis' expressed 
willingness to give up the donations, and to the remark made to me 
by Mr. Casa Yrujo, " that he regretted that the grants had not been 
executed by name." Heredia ui'ged, in the conversation, that the 
United States had in the treaty admitted it to be necessary to the king's 
honor, that the grants prior to the 24th January, 1818, should be pre- 
served. This conclusion I positively denied: In allowing Mr. Onis 
to shape the 8th article, we did not become parties to the cori*ectness 
or propriety of his opinions; on the contrary, in our opinion, the hon- 
or of the king was concerned to make void all donations made subse- 
quent to the date of liis full power to his negtiator to cede the Floridas. 
The conversation concluded by a formal request from Mr. de Castro. 
to know wiiat my impressions were on this point, and whether they 



I 



28 [ 55 ] 

could calculate on ray good offices witli my government, to procure 
some advantage to Spain, in consideration of its desire to gratify us 
in this business, and of the similarity of the institutions of the two 
governments. I gave him my thoughts without reserve, '< that the 
ground which must be taken, was altogether untenable; that it would 
injure, could not benefit the Spanisli government; that the United 
States would receive any intimations on this point, with surprise and 
regret. As for myself, with the strongest desire to do every thing to 
gratify this government, I could not say any thing to my own, in favor 
of pretensions I believed to be altogether unreasonable. Mr. de Cas- 
tro said, that, in presenting the subject, it would be done in such a way, 
as to prevent any bad effect; turning to Heredia, be remarked, that it 
must be attempted at Washington. He concluded, by saying that, he 
should pass to me a note embodying what had been urged in our con- 
versation, which he hoped I would Answer in the shortest convenient 
time, as he was anxious to send off a messenger to the United States. 
This I promised, stating to him at the same time, the necessity of de- 
spatching his messenger at the earliest hour possible, as Congress 
would be in session before he could possibly arrive. 

On recollection, I find I have omitted a remark, made by both Here- 
dia and de Castro, that, according to my first instructions, as contain- 
ed in the piinted documents, I was authorized to exchange the ratifi- 
cations, without insisting upon the declaration of the import of the 
8th Article being received, tiiat this exchange would have secured the 
claimants the large grants, which tliey might have recovei-ed in the 
courts of the United States. To this I answered, that such were my 
instructions; but they were founded upon the belief, that the notice 
given to the Spanish Government, through Mr. Onis, rendered the 
declaration unimportant. That, certainly, if the treaty had been 
ratified by Spain, the question of the grants would have become a 
judicial, in place of a political one. But supposing, what I could not 
admit, tliat the tribunals of the United States could have decided 
in favor of tlie claimants; this decision would have been the founda- 
tion of a demand on Spain foi- an equivalent, or satisfaction. This 
conversation endured two hours. In this, as well as in that of the 
7th, I am unable to give any thing but the substance, without regard- 
ing the order of what was said. My impressions are, that, after 
making all exertions to obtain some advantage, and failing, they will 
proceed on the business as they ought to liave done without having made 
any exertion. What is most unpleasant, is, to perceive that the 
opinions of Mr. Onis, as expressed in his book, have weight with this 
Government, and that what is done, is rather a sacrifice to policy, 
than founded on a conviction of the justice and equity of our demands, 
or on a proper sense of our moderation and forbearance. 

Late at night, on the 9th, I received Mr. de Castro's letter, of that 
day's date, the copy of which is marked No. 3, to which I replied on 
the flay succeeding. The copy of the answer is marked No. 4. This 
reference to the affair of the grants is disagreeable, and will be alto- 
gether unexpected. After what has occurred, I cannot suppose the 



[ 55 ] 29 

Spanish ministry can hope to succeed in procuring any thing more at 
our hands. I'eiliaps the sole ohjcct is, to enhance the vahie of the 
ratification on their part. I am endeavoring to piocure accurate in- 
formation of all that occurred in the Cortes. My private letter of the 
5th, is almost a literal translation of a note from one of the deputies; 
and I have heen since informed, that the Cortes would not liear a 
petition from Punon Rostro, in relation to his claim, considering the 
whole affair at an end, hy their previous decision on the treaty. 

Shortly after the publication of Mr. Onis's hook, I conceived that 
some of its statements were so injurious to us as to require examina- 
tion, and proposed to publish a review of it, to be distributed among 
the members of the Cortes. The affair of the treaty came so soon 
under the consideration of that body, after I procured acopy of the book, 
that it was impossible to do more than to make a few hasty remarks 
Upon it, and to have distributed five or six copies of a translation of 
them, among the principal members. A copy of tliis translation is 
sent to you, marked No. 5. No. 6, is the copy of an original paper 

received from , an extract from which, in cypher, was 

forwai'ded to you some time ago. 

The Cortes have resolved, according to the constitutional provision, 
t« continue their session until November. 

^t Mght. 

At 5, this afternoon, I received Mr. de Castro's letter, of this day's 
date, which I. answered immediately. The copies of the letter and 
answer ai*e marked No. 7 and 8. 

This last letter confirms the conjecture I have made, that the object 
is, to enhance the value of what will be called tlie concession of 
Spain to the American construction of the 8th Article of the treaty. 
I regret extremely, that any thing has been said by the ministers of 
this Government on this topic, as it will have tlie effect of weakening, 
in some degree, the confidence, not so much as the uprightness of 
their intentions, as in the frankness of their mode of proceeding. No 
doubt something will be said by General Vives on this point, or, at 
least, he will formally communicate the letter of Mr. de Castro of 
the 9th. I shall send triplicates of this communication; one by Bor- 
deaux, one by Gibraltar, and one by the Spanish courier, w ho carries 
the ratified treaty to the Spanish minister at Washington. 

As soon as he is fairly out of Madrid, I shall think of using the 
permission of the President to return to tlie United States. Before 
I leave this, however, I shall have occasion to write to you again.' '' 
I am, sir, very respectfully. 

Your humble servant, 

JOHN FORSYTH. 

John Q. Adams, 

Secretary of State. 



30 L 55 1 

Mr. Be Castro to Mr, Forsijth, dated Madrid, 6th October, 1820,- 

[transxation,] 

Mr. Dc Castro, Minister of Foreign Despatch, to Mr. Forsyth, MiniS' 
ter Ftenipotentiary of the United States of America, at Madrid, {6th 
October, 1820.) 

Sir: I have the honor to acquaint your excellency, that the Cortes 
of tiie Nation, in secret session, have authorized his majesty's Go- 
vernaient to ratii'y the ces ion of tlie teri'itory situated east of the 
Mississippi, w hich is knov»'n hy the name of East and West Florida, 
to the United States, and that, consequently, there is no inconve- 
nience in pi'oceeding, on the part of the king, to the ratification of 
the ticaty, concluded at "W ashington, on the 22d day of Fehruary, • 
1819. 

His majesty would have immediately proceeded to command the 
ratification of tlie treaty to be extoided, had it not been for the inter- 
ference of thecircunistunce, that your excellency's Government, after 
confirming and ratifying, on its part, the said instrument, as the Plen- 
ipotentiaries, duly autliorized by the high contracting parties, had 
extended it, manifested its desire to have some explanations or modi- 
fications in tlie text of tiic 8th article, whicli relates to the property of 
cci*tain unoccupied and royal lands in both Floridas. This incident, 
or proposal of modification, made by the Government of the United 
States, which has contributed, in a great part, to the delay and diffi- 
culties which have occurred, miglit have rendered improper, at that 
time, and an event little agi*eeable to the American Government, a 
ratification extended in the usual form, which, relapsing upon the 
said instrument, with all and each of its clauses and articles, would, 
consequently, embrace those of the 8th article, referred to in the form 
in which it iiah been conceived. This being the case, and his ma- 
jesty being desirous, conformably to the intention of the Cortes, that 
the ratification of the treaty should terminate, at once, all the differ- 
ences which have, for so many years, existed between two Govern- 
ments, whose interest, in a recipiocal good understanding, had been 
increased by the nature of tlieir political institutioiis, has thought i( 
necessary that, for extending the ratification, an explanation should 
precede, limited and circumscribed to the point of the modifications, 
v>liich 3'our excellency's Government requires to be in the text of the 
8th article, since all the other articles pi'esent no difliculty, nor need 
any farther explanation in order to be ratified on the part of his ma- 
jesty, according to their literal tenor. \''our excellency's Govern- 
ment has indicated a desire of having a modification in the context of 
said ai'ticle; and as for determining what ought to be, and what is, 
agreeable to the interest of both coimtries, it may be necessary to 
proceed, by common consent, I am desirous of knowing if your ex- 
cellency is authorized to point out the modification and explanation, 
as I also am by his majesty, for the same purpose. If your cxcellen- 



[55] 



SI 



cy be so, we miglit, in a very few clays, havctliis point settled, in a 
manner reciprocally satisfactory; and, in case of your not being so, I 
could desire, at least, that we had a conference, for the purpose of 
agreeing on the means by \\ hich this only/obstacle may be removed, 
which might present itself to the exchange of the ratifications in 
Washington, if it should be remitted by his majesty, extended in 
the usual form, embracing all and each of tlie clauses of the 16 arti- 
cles of the treaty confirmed at Washington, on the 22d of February 
of the past year, 1819. 

I thei-efoi-e. renew to your excellency the assurances of my distin- 
guished esteem, and pray God that you may live many years. 
1 am, 

Your excellency's most obedient faithful servant, 

EVARISTO PEREZ DE CASTRO. 

At the Palace, 6th October, 1820. 



..Vr. Forsyth to Mr. de Castro, dated, Madrid, 7th October, 1820. 

Sir: I had tlie honor to receive yesterday, your excellency's officio, 
announcing to me, that the Cortes iiad authorized the Govei-nment of 
l»is majesty, to ratify the cession of the Floridas to the United States. 
In reply to the in((uiry contained in it, I must refer your excellency to 
my letter of the 21st of July, in which I stated, by the instructions of 
the President, that, under the constitution of the United States, it 
would be necessary that the advice and consent of the Senate should 
again be given, before the exchange of ratifications of the treaty of 
the 22d February, 1819, could take place, inasmuch as the six 
montlis, within which it should ha> e been made, liad expired. I am 
not, therefore, authorized to do more than has already been done. 
Perfectly possessed, however, of the opinions and wislies of my Go- 
vernment, in relation to the 8th article of the treaty, lean give your 
excellency all the information that can be desired to prevent the pos- 
sibility of any difficulty in the exchange of ratifications at Washing- 
ton. In my official communication of the 2d of October, 1819, to the 
Duke of San Fernando and Quiroga, accompanied by the copy of a 
declaration to be delivered on the exchange of ratifications, should it 
be made, your Excellency will probably find all that it may be impor- 
tant to know. If these should not be sufficient, it will give me plea- 
sure to confer with your Excellency at any hour it may be convenient 
for you to appoint. In expressing to your Excellency, the very great 
satisfaction, I have received from the near prospect of a most friendly 
termination of the disputes, which have so long unhappily agitated 
our respective Governments, I must take leave to add, that the United, 



32 [ 55 ] 

States have never desired to change or modify any part of the treaty 
of 1819. Their sole object has been, and still is, to have it ratified 
upon the well known terms, and according to the acknowledged in- 
tentions, of the respective negociators of it. 

I renew to your excellency, whom may God preserve, the assur* 
ances of my most respectful consideration. 

JOHN FORSYTH. 

His Ex. Doiv EvARisTO Peres de Castro, 

Secretary of the Despatch of State, ^c. Sfc, ^c. 



[translation.] 

M. De CastrOf Minister of Foreign Despatch, to Mr. Forsyth^ Minister 
Plenipotentiary of the United States of Jinericaf dated at 

Madrid, 9th October, 1820. 

Sir: On the 6th current, I had the honor to communicate to your 
Excellency, that the Cortes had authorized his Majesty's Govern- 
ment to cede the Florid as to the^ United States; and, that in conse- 
quence of that act, no other obstacle presented itself against pro- 
ceeding, on the part of the King, to the ratification of the treaty, con- 
firmed at W-ashington, the 22(1 February, 1819, except, that which 
arose from the modification or explanation of the 8th article of the 
same treaty, solicited by the American Government after the con- 
firmation, and even the ratification on its part, of the said agree- 
ment; adding that, if your Excellency were authorized, we could 
proceed to make the desired explanation, with regard to the object 
of said 8th article, in terms, agreeable to the interest of both coun- 
tries, that we could terminate this business very soon, and that, by 
all means, T was desirous of a conference between us, in order to the 
removal of this only obstacle which could oppose the exchange of the 
ratifications in Washington. Your Excellency has had the goodness 
to reply to me, dated the 7th, complimenting me on the proximity 
of an order, that went to terminate the differences that had existed 
for so long a time between the tv/o Governments; but, manifesting 
to me, at the same time, that, in consequence of the period fixed for 
the ratification of the treaty, by that instrument having been over- 
run, it ought again to be presented to the Senate of the United 
States, agreeably to the Constitution; by which circumstance, your 
Excellency had not powers to act in the negotiation, farther thanJ 
you had done, although being perfectly instructed in the intention."^ 
of your Government, upon the said article of the treaty, you could 
furnish me with the necessary dates in regard to them, in the con- 
ference which we might have, and which we actually had on that 
«lay. 



[55] 



33 



Both yesterday and before, I had the honor to point out to your 
Excellency the diihculties which opposed the explanation, or niodifi- 
cation, demanded by the American Government, of the context of the 
8th article, since, according to the literal and very explicit tenor of it, 
every donation or grant of lands in the Floridas,madeby authority of 
his Majesty, prior to the 24th January, 1818, was declared valid or 
firm, at the same time, that every grant made after the said 24th of 
January, was annulled. It appeared, at the same time, that the de- 
termining of that date w as not a casual occurrence, unpremeditated, 
and directed solely to mark one day or epoch, since then nothing 
could have been more obvious and natural than to have designated 
the first day of the same month of January, 1818, which was the be- 
ginning of the year: and it was distinctly considered, that the inten- 
tion of the Plenipotentiaries was to establish a principle legal and 
justly expressed in the text of the same article, in continuance from 
the date, which it was to give for a foundation, that his majesty's 
Plenipotentiaries, on that day, solemnly offered the cession of the 
Floridas to the United States, in order to denote that it was then, 
and not before, when his majesty, by said offer, tied up his hands 
from making innovations in those territories, and when, by tlic same 
offer, the indisputable right, which, without that, enabled him to 
dispose the absolute property of any lands, belonging to his crown, 
was suspended. The tenor of this article v, as already, not only admit- 
ted and confirmed by the Plenipotentiaries, but also ratified by the 
American Goverinnent, jointly, with all the other aiticles whicli the 
treaty embraced, wiien the Secretary of State, Mr. Adams, thought 
fit to ask of Mr. Onis an explanation about the gi'ants of land made 
by his majesty at tlie end of the year 1817, the validity of v.hich ap- 
peared to have been recognised by the letter of the treaty, they being 
anterior to the 24th January, 1818, and upon which both Plenipoten- 
tiaries were supposed to have proceeded w ith a certain equivocation 
of the fact, having believed them posterior to the epoch mentioricd. 
Mr. Onis, notwithstanding that all bis functions and powers upon the 
subject had expired with the conclusion and confirmation of tlie trea- 
ty, did not refuse to give a firm proof of the good faitli of his Govern- 
ment, and of his own, by frankly confessing, that, in fact, he had under- 
stood, that the grants of land referred to, were posterior to the 24th Jan- 
uajy, 1818, but added, at the same time, a circumstance worthy of no- 
tice, and perfectly conformable to the tenor of the 8th article, and it was, 
that, as the fixing of that epoch had been foiuided upon the principle, that 
the 24th of January, and not before, was the day on which, by means of 
the solemn offer of the Floridas, the indisputable power which his ma- 
jesty before had of disposing of those lands, remained suspejided, if 
he had known tiiat all or any of said grants was anterior to the 24th 
January, he would have insisted upon the acknowledgment of such as 
were so, and would not have consented to their being annulled. I'ak- 
ing the first part of this declaration of Mr. Onis as a foundation, and 
feigning ignorance of tiie second, the Anierican Government solicited, 
by means of your excellency, atthisCourt, that, to the ratification of the 
5 



34 [ 55 ] 

treaty on the part of liis majesty, an exi>lanatiou should he addedj 
which was fundamentally a real revocation of the literal context of the 
8th article. Tlie scrupulous good faith of his majesty's Gov ernment 
restrained it from cntei-ing upon a question ahout what wrong the 
equivocation, or, to speak more properly, the want of exact knowledge 
of a fact, authentic, solemn, and of more than a year's notoriety and 
publicity in a Supreme Council and Chancery of the Nation, could do 
to one who had had the means, and, in a certain degree, the 
necessity, of being informed of it with evidence; hut two essen- 
tial points did not cease to call the attention of his majesty; 
1st. That, if any equivocation could have happened about the 
date of tlie grants, in order to their being a pure deed, it never could 
have been, nor was it in the recognition of the principle which 
served as a basis, and was the real foundation of the 8th article; that 
is, that the Spanish Government did not consider itself bound, nor 
did the American Government consider it bound, in the use of its 
right as absolute lord of tlie lands of Florida, unless by means of the 
offer made on the 24th Januai'y, 1818, and only from that epoch. 
That an essential equivocation could have been in this dale, it was 
necessary to prove, that it was not that of the said solemn offer, since 
that was the module or symbol to which all the dates of the gi-ants 
ought to be adjusted, and with which they ougiit to be compared, in 
order to decide upon their validity or nullity, and not to pretend, as 
had been pretended, to accommodate it to the others by alteiing that 
date inversely. 2dly- That if the American Government availed itself 
of, and founded its desires of an explanation upon, the former part of 
Ml'. Onis's declaration, which in any way favored it, neither could it, 
in honor and good faith, reject the second part of that declaration, to 
constitute the whole one selt-same act, and a single document. If Mr.' 
Onis confessed the equivocation ahout the date of the grants, he also 
confessed that he would not have, for his part, subscribed to annuj 
that vvincli hau taken place anterior to tlie 24th January. What will 
be inferred, then, in ieality and sound logic, from that declaration, 
taken conjointly? Will it be an accident which had expressed the 
real, or at least the intentional connivance of both the plenipotentia- 
ries, concerniu'^ the aimuiling of the grants referred to, which were 
anterior to the 24tl! January, as the American government pretends? 
An interpi elation like this, is diametricaiiy opposite^ not only to the 
second part of the declaration of Mr. Onis, but even to the legal prin- 
ciple esTabfished in the same 8th article. All that can be inferred at 
most, was, pnd is, that the error into which both parties had run, about 
the substance of the 8th article, had rendered it null, invalid, and 
bas' less; and that it was necessary to remodel it and agree upon 
something to the point by a new mutual agreement, and not by the 
way of a declaration or explanatioti which its context did not admit. 
The question accidentally presented in this humble view, would not 
have been offered, nor given an opportunity for the many difficulties 
which have occurred. The grants made to Don Pedro de Vargas, 
could have been immediately separated, and, as being posterior to the 



[ 55 ] 35 

^4th January, 1818, mii^ht have been declared the property of the 
United States, accoiding to the letter and spirit of the article: and 
witli re.e;a><l to the other two, anterior to the said day, upon which 
grants the equivocation had relapsed, the liberal medium might iiave 
been adopted, which is generally used in doubtful cases, by yielding 
to each one a part of his claims, in compliance with a good under- 
standing. But as this was not solicited by your excellency, and if 
the text of the 8th article, whose letter, and the principle which sup- 
ported it favored Spain, might yet receive an interpretation diame- 
trically oposite to the said letter, being founded for that purpose on 
a declaration of Mr. Onis, the second part of which, evidently resist- 
ed a similar interpretation, diilicultics seemed easily to arise from 
hence, which with more or less ((Mindation might be likewise convert- 
ed into suspicions concerning the stability of the otlser articles of the 
treaty, on seeing the readiness with wliicii doubts had arisen also 
concerning one, tlie literal tenor of which seemed less ambiguous. 
This disposition of the thoughts brought to recollection the offer of a 
guarantee of the Spanish possessions in Noi'th America, made by his 
excellency Mr. Pinckney, on the rtii of Februai-y, 1802, in the name 
of the United States, in case the Spanish government would consent to 
cede the Floridas to the United States for a sum to l)e stipulated; a 
guarantee which was not asked by the govcinment of Spain, and yet 
offered in the name of that of the United States ; but to which my 
government gave so much impoi'tance, that, if his offer had been re- 
newed, it would have ceded in compensation any right over the grants 
of land, which remained by the 8th article of the Treaty; from these 
principles flowed, no doubt, the new mission of Gerjeral Vives to the 
United States, and all the other incidents of which your excellency 
is informed. 

The changes wiiich happened a little afterwards in the GoAern- 
ment of Sj)ain, and the re-union of the national representation, have 
been the cause that the Government of his Majesty complying with 
the provision of the Constitution of tlic state, should offer, to the con- 
sideration of the Cortes, all that has occurred in this long and com- 
plicated negotiation, for the pin-pose of obtaining their consent, as well 
as that the dismemberment of the Spanisli teriitory, in A-iicrica, 
might be discussed. It must have been a sensible gi'ief to the repre- 
sentatives of tlie nation, in the first steps of their a\igust functions to 
be obliged to authoi-ize a dismemberincnt of the territory: they have 
been solely guided by the consideration, that this sacrifice may be 
conducive to cement, upon a solid basis, the relations of fj-ieudship 
and harmony between Spain and the United States, by avoiding the 
causes of future discords, and establishing a fixed and permanent di- 
viding line, which prevents all ambiguity and indecision for the fu- 
ture. Besides the reciprocal interests which ought always to unite 
the Govermnents of both countries, tlic great analogy which now ac- 
tually exists between their political institutions, after the change that 
has occurred in those of Spain, appears to ha^ e given greatei* weight 
to that interest, and to have increased the importance of a good un- 



36 t 55 ] 

dei'standing. These, at least, are tlie dispositions which have pro- 
duce.l the resohition I have mentioned, of the representatives of the 
S])a'iisii nation: may they be answered with similar and reciprocal 
disp ositions on the part of the Government and people of the United 
States, for the well-being of botii nations! But, at the same time, that 
the Cortes and his majesty's Government, have rendered easy, even 
the most seiioiis difficulty which the subject could present, they could 
not but direct their attentions to the reflections made known to your 
excellency, wliicli have been expressed above, on the explanation 
wliich the American Government desired to give to the 8th article, 
diametrically opposite to its literal tenor, and to the principle or rule 
which is established in the same article. The Spanish Government 
does not pretejsd that it may not be firm and be executed as it is 
printed: its delicacy does not permit it to pretend ignorance of the 
equivocation committed, which the declaration of Mr. Onis lays open, 
sufficiently, in its first part; but this equivocation does not destroy 
the principle wliich serves as the basis for the formation of the article 
to which tlie second part of the declaration of the same Mr. Onis, is 
evidently referred. It cannot be agreeable to the liosior and the good 
faith of the American Cxovernment, to take advantage of that part of 
the declaration of the said minister, or of any act or instrument which 
it may find useful, in order to tie it down and quote it in its favor, and 
to pi-etend not to understand that which does not favor it in the same 
instrument. No inijiartial person, who examines the 8th article, and 
the declarations of Mr. Adams and Mr. Onis, will see in the whole of 
it, any thing else, but that, by the involuntary error which has inter- 
vened, tliere has not been a real contract or agreement upon the point 
of the waste lands; and that, if there is any thing existing in the ar- 
ticle, it is the rule or principle of leaving untouched what the King 
did, when his hands were not bound by means of tlj,e offer of the 24th 
January, 1818. 

In this case, then, it appears, that harmony, the desire of peace, the 
honor of both Goverinnents, and the necessity of repairing an ejpiiN o- 
cation that had passed their Plenipotentiaries, dictate that middle 
path, which is proper in doubtful cases and questions of this nature. 
The grants made to Don Pedio de Vargas, may remain immediately 
in favor of the United States: because, inasmuch as they are posterior 
to the 24th Jamiary, 1818, they are excluded by the letter, and by the 
spirit of the 8th article: and those, respectively, to Alagon and Punon 
Rostro, which, as anterior to the £4t!i January, 1818, constitute the 
real point of the doubt, may be divided by erpial parts, or by the mode 
which may be agreed upon by the Spanish and Amci'ican Govern- 
ments. His Majesty, agreeably to the intentions of the Cortes, is 
desirous of being able to make a better exchange of property, by ap- 
plying one part of this fund to the redress and indemnification of the 
Spaniards injured, and compreiiended in the agreement of 1802, whose 
indemnification was at the chai'ge of the Aniei-ican Govern- 
ment, even whilst the treaty was not ratified, and whose lot 
was entirely unattended to by the Plenipotentiaries of 1819. The 
American Government, and Congress, so jealous of the interests of 



[ 55 ] 37 

their fellow-citizens, can do no less than applaud tliese correct inten- 
tions of the king iuul the Rc})rcseiitatiTes of the Spanish people, to- 
wai'ds their own people. On tiie otiier hand, it woisld appear very 
inciecorous, that the Cortes, in the connnencement of their august 
functions, shouhl not only have to authorize the dismemberment of 
the territory, but also to assent, that a doubtful act, which was in 
favor of Spain, (the letter of tlic aiticle and the foundation on which 
it is suppoi'ted) should be explained in a sense diameti'ically opposite 
to its tenor, and that u])(m the basis of a declaration of the Spanish 
minister, truncated and disregarded in its second pai-t. 

If tlie means liinted had not been thought admissible, there still re- 
mained anotiier, equally conformable to the spirit and to the letter of 
the treaty. All the waste lands of the Floridas, including the three 
grants of Vargas, Alagon, and Punon Rostro, may be vflucd accord- 
ing to the prices of lands of their class in the bordering tei'ritories of 
the United States: the amount of five millions of dollars may be de- 
ducted from their value, in which the same treaty adjusts, and with 
which the American goveriimeni obliges itself to satisfy the amount 
of the claims; and the surplus may be declared to belong to Spain, be- 
cause it can liquidate the indemnifications of its subjects, for which 
the United States are responsible, by the agreement of 1802, which 
continues in force whilst the treaty is not ratiiled. It may be object- 
ed that the claims exceed the sum agreed upon; but it ought also to 
be considered, tliat, even to this day, an examination and liquidation 
of such claims has not taken place: and that, if the agreenient of 
1802, and the mixed tribunal established by it, had been carried into 
effect, perhaps the claims admitted and approved of by the mixed 
Spanish and American tribunal might not have amounted to said sum, 
especially if the fifth commissary chosen by lot had been of the nation 
which was bound to pay them; so that, on the whole, five millions of 
dollars being the sum which the treaty fixes, and there having been, 
even to this day, no examination nor liquidation of individual claims, 
this sum, and no other, is that which legally represents the amount of 
said indemnifications. 

Such have been the reflections and observations which I have had 
the honor of making to your excellency in our two conferences, by or- 
der of his Majesty, conformably to the intentions of the Cortes. By 
these, and by all besides, which I have had the honor to point out by 
word, your excellency will have come to the knowledge of his Majes- 
ty's resolution to terminate entirely the subjects pending, by means of 
a prompt exchange of the ratifications of the treaty. I liaA e been 
very sensible that your excellency has not been authorized to agree to 
the explanation which the 8th article requires, but I am assured of 
the candor, good faith, and spirit of conciliation, which animate your 
excellency, that you will present to your government the observations 
referred to, in regard to the only point upon which an explanation is 
desired by both parties, that, at the time of Gen. Vives' presenting 
the ratification of the treaty on the part of his Majesty's government, 
wliich it is about to send, an explanation may be presented and sub- 
mitted, of the sense of the 8th article, in the terms of equity and reel- 



4 



38 C 55 J 

procal satisfaction which I have liintcd, or others equivalent, such as 
the good faith and the honor of both governments dictate. The King, 
and the rc])resentatives of the Spanish nation see, in this honorable 
and impartial explanation, the beginning of a new order of poUlical 
relations, which, by tightening the bonds of friendship between both 
nations, present the most sure guarantee of their union and prosperity 
in futiu'e. 

I renew to your excellency the assurances of my most exalted and 
distinguished consideration, and pray God that your excellency may 
live many years. At the Palace, 9th October, 1820. 
Your obedient humble servant, 

EVARISTO PERES DE CASTRO. 



Mr. Forsyth to Mr. l)e Castro. 

Madrid, Oct. 10, 1820. 

Sir: I had tlse honor, late last night, to receive your Excellency's 
officio of tbe 9th. From our two conversations, previously beld, and 
from your letter, embodying the substance of what was suggested and 
urged in those conversations, I learned \vith concern, that 1 had mis- 
taken the object and intention of tlie note of the 6th instant. I sup- 
posed it intended merely to enable your Excellency to determine on 
the most convenient mode for the ratification of tbe Convention of 
February, 1819, by his Catholic Majesty, to prevent any discussion 
or delay, preceding the exchange of the ratifications at Washington. 
It was with unfeigned surprize and great regret, that I discovered, 
that the object was to bring again into view, what is considered by 
the government of the United States as no longer a subject of dis- 
cussion with that of his Majesty, In the verbal communications I 
have made in our two conversations, my intention was, solely, to pre- 
vent, if possible, any further attempts to discuss this matter, satisfied 
that no advantage could be derived from a reference to a topic of such 
an unpleasant character. As I have had the misfortune not to pro- 
duce this desired effect, I do not think myself authorized to enter into 
any further investigation of the subject. I shall communicate to my 
government, the notes received from his Majesty; and such replies 
will be given to General Vives, as the case may require. But I can- 
not take leave of the subject, without stating, explicitly, that the offi- 
cial communication made to your Excellency, on tbe 21st July, was 
framed and bottomed upon the admission of Gen. Vives, that he was 
satisfied with the explanations given at Washington, on the subject of 
the 8th article of the treaty, and that it was the determination of his 
government to assent to the total nullity of the large grants. If this 
admission was unauthorized, the offer of the President 1 had the honor 



L55] 



39 



to communicate to his Majesty, through your Excellency, is not obli- 
gatory upon the United States; the whole ground of dispute is open for 
re-examination; and theo riginal claims and pretensions of my govern- 
ment will be reasserted and maintained. 

Although beyond my duty, I cannot forbear to remark to your Ex- 
cellency, that a great error is committed, in supposiiig the construc- 
tion put on the 8th article, by the United Estates, is founded altoge- 
ther upon the declaration given by Mr. Onis, after the signature" of 
the treaty. This construction is taken from tlie instrument itself, 
explained and elucidated, as all instruments must be, by the intention 
of the parties, and the nature of the subject-matter of it. Mr. Onis's 
letter of the iOth October, is no further of im|)ortance, than as a sim- 
ple evidence to all nations, and to his Catholic Majesty, of the act 
and intention of his minister, to annul the large grants, and the ex- 
press recognition, by him, of the correctness of the assertion of the 
American negotiator, that the phrases supposed to be equivocal, were 
admitted, only upon the condition that the annulment of those grants 
Mas not affected by the use of those favorite phrases. The qualifying 
addition to Mr. Onis's frank declaration of what he believed and un- 
derstood, amounts to nothing more tlian an assertion, that the treaty 
would not have been agreed to, without a recognition of such of the 
large grants, as were of a date prior to the 24th Jannarv, 1818, an 
assertion altogether at variance with the declarations of Mr. Pizarro 
to Mr. Erving, that these donations would not be obstacles to the 
treaty, contradicted by Mr. Onis's perfect readiness to annul them, 
and by the reasons he assigned for it, " that tl»e essential conditions 
of them had not been complied with," and altogether iireconcileablc 
to a remark made to me in person, by the MaVquis of Casa-Yrujo, 
when minister of state ad interem, " that he regretted the large 
grants had not been particularly named in the treaty, and their annul- 
ment expressly stipulated." 

From an anxious desire to see buried in oblivion, all recollections 
nnfavorable to the perfect harmony between Spain and the United 
States, in closing this note, I would entreat his Majesty's govern- 
ment to re-examine this whole subject before it is again pressed: To 
reflect, that all that has occurred has arisen from a reliance on the 
information and good faith of the minister, and confidence in the pu- 
rity of the government of Spain. The Duke of San Fernando stated, 
that the American government wislied to change the 8th article, by a 
declaration, a copy of which 1 had enclosed to him. Your Excellen- 
cy now tells me. the wish of the American Government is diametri- 
cally opposed to the literal text of the treaty, inasmuch as Alagon's 
and Punon Rostro's grants are of a date ])rior to the date fixed in the 
8th article. The Duke of San Fernando refused, as inconsistent 
with the honor of the King, to order me copies of those donations. 
"What would your Excellency think, were 1 to say to you, " Sir, I 
do not know that your assertion is true; shew me the donations!" If 
the Duke of Sh,. FernaiKio and Quirogathouijht his general assertion, 
that the declaration changed the treaty, was so full that further infor- 



40 [ 55 ] ^ 

mation could not be asked without reflecting upon his Majesty's ho- 
nor, what would be the reply to a doubt of the correctness of your 
Excellence's iirsfjnalified, deliberate and explicit assertion? Yet, in 
relying upon the information and the vvord of Mr. Onis. the United 
States had Mie same reason to confide, as they now have in the asser- 
tion made by your Excellency, unless it should be supposed that there 
is a difference in the degree of confidence due to the representative of 
Spain at home and abroad. I feel, however, that 1 am treading upon 
the ^ t wai'm ashes of a previous unprofitable controversy, and ex- 
ceeding the limits to which, at the outset, I proposed to confine myself, 

I hasten, therefore, to assure your Excellency, that the United 
States wish nothing but what they believe to be just and equitable; 
•what is equally honorable to Spain and to the United States; nothing 
inconsistent with the decorum and glory of his Catholic Majesty, or 
with the duties and obligations of the Cortes, by whose advice and 
authority, the treaty of February, 1819, is to be ratified. 

I renew to your Excellency, whom may God preserve many years, 
the assurance of my perfect respect, 

JOHN FORSYTH. 

His Ex'y Don Evaristo Peres db Castro, 

Secretary of the Despatch oj State, Sfc. ^-c. ^c. 



[translation.] 

Mr. Be Castro^ Minister of Foreign Despatch, to Mr. Forsyth, Minister 
Plenipotentiary oJ the United States of America, at Madrid, {llth 
October, U20.) 

Sir: I have received you*" Excellency's note, of yesterday's date, 
in which you seem to agre'» ith mine of the 9tb. In said note I pro- 
posed to myself to recapitu ite, and serd to you, all the essentials of 
the controversies which wt had on tlie two antecedent days, not with 
the view, which your excellency appears to have apprehended, of 
commencing new discussions, incompatible with the desire which an- 
imates his majesty of seeing all the points which have been the object 
of the treaty speedily terminated, but with that of agreeing here with 
your excellency upon the proper terms of extending the explanation, 
or declaration of the 8th article, in a mode satisfactory, and such as 
that the exchange of the ratifications might not experience any obsta- 
cle or inconvenience at Washington. 

On a view, therefore, of what your excellency had the goodness to 
express in the said conferences, and of what you manifested in your 
said note of yesterday, I confine myself to secure that which was con- 



[ 55 ] 4t 

tended for in the ratification on the part of this Government, which 
will be sent back to the United States, in terms Avhit h will be, no 
doubt, satisfactory to the American Government, and which avoid the 
discnssions which your excellency seems to fear, to ascertain that nei- 
ther the tenor of owr conferences, nor that of my said note, are in- 
tended for this object, which inspires your fear. 

If your excellency should please, in order to forward despatches to 
your government, to avail yourself of the opportunity of a courier, 
who must be despatched, as soon as possible, with the ratifications 
and packets for Gen, Vivcs, you may begin to prepare them imme- 
diately, in expectation of which, I shall again give you information 
some hours before the departure of the courier. 

I renew to your excellency the assurances of my high considera- 
tion, and pray God that yen may live many years. 

I am, your obedient and humble servant, 

EVARISTO TERES DE CASTRO. 

At the Palace, llth October, 1820. 



Jfr. Forsyth to Mr. de Castro. 

Madrid, October 11, 1820. 

Sir: I have received, with great satisfaction, your Excellency's 
note of this day's date. If I have misapprehended the object in our 
conferences, and the tenor of the note of the 9th, your Excellency must 
do me the justice to impute it to my imperfect knowledge of the Spa- 
nish language and to my anxiety to comply with your Excellency's 
request to give an immediate [answer] to the note. 

I shall, with pleasure, use the occasion you have offered to me, of 
sending despatches to my Government, by the Spanish, courier. A 
messenger will go from this legation to the United States the close 
of the present week; should your Excellency have anything to send 
to Gen. Vives, it will gratify me to forward it by this opportunity. 

I renew to your Excellency, whom may God preserve many years, 
the assurance of my most distinguished consideration. 

JOHN FORSYTH. 

His Ex. Don Evaristo Peres de Castro, 

Secretary of the Despatch of State, ^c. S^c. 



[extract.] 

Mr. Forsyth to Mr. Adams, marked "private.'* 

Madrid, October IZ, 1820. 

Dear Sir: " I have this moment learned, that the Cortes, in au« 
thorizing, by an almost unanimous vote, the ratification of the treaty. 



42 C 55 ] 

and annulling the donations, at the same time recommended to the 
ministers to endeavour to procure some advantages to the nation on 
account of the difficulty about the 8th Article. With this recom- 
mendation the ministers must comply, even although they may be 
satisfied the effort will be useless. The attempt once made and fail- 
ing, the affair will proceed to its proper conclusion without further 
trouble." 

I am, Dear Sir, very sincerely. 

Your obedient servant, 

JOHN FORSYTH. 
Hon. John Quincy Adams, 

Washington. i 



Mr. Forsijth to Mr. Mams, marked *' private" dated 

Madrid, October I5th, 1820. 

Dear Sir: In great haste, I send you a rough copy of a note from 
Mr. de Castro to Count Bulgaty, of this day's date. I believe the 
Count Bulgary has enclosed, in the accompanying letter to Mr. Po- 
letica, a copy of the same paper. 

I had, on the 14th, a short conversation with the Spanish minister, 
which served to confirm the opinion expressed in ray private letter, 
of the 12th instant, 

I am, dear Sir, respectfully, 

Your obedient servant, 

JOHN FORSYTH. 
Hon. J. Q. Adams, 

Secretary oj State. 



The Spanish Minister to the Charge d^Jiffaires of Russia. 

[translation.] 

Madrid, 15th October, 1820. 

Sir: His Majesty's government, having given information to the 
Cortes of the nation, concerning the existing differences with the Unit- 
ed States of America, resulting from the treaty entered into between 
Spain and that power, on the 22d of February, 1819, and not rati- 



C 55 ] 43 

fied by the king, in order that the legislative power might authorize 
his Majesty to cede the two Floridas, as is stipulated in one of the 
articles of said treatry, and grant power to proceed, consequently, to 
the ratification of it, which his Majesty has thouglit fit to do; and 
the Cortes having resolved to give to the government the authority 
required, carries into effect the ratification. 

His Catholic Majesty, to whom are evident the good oflices of his 
Majesty the Emperor of all the Russias, at several stages of the ne- 
gotiation with the American Government, proving his august and 
friendly solicitude in favor of Spain, discharges the grateful task of 
communicating to the cabinet of his Imperial Majesty the flattering 
state in which this affair is, and the resolution of his Majesty to ra- 
tify the treaty mentioned, which will produce the re-establishing of 
that perfect harmony between Spain and the United States, which it 
is of so great imjjortance to both powers to maintain without the least 
shadow of discord. 

With this motive, the king rejoices to repeat to his august friend, 
the Emperor of all theRussias, the esteem and gratitude with which, 
on all occasions, he has seen his Imperial Majesty take the most dis- 
guished interest in the prosperity of his Majesty, and that of his 
people, &c. 

[Signed by the Spanish Minister and addressed to the Charge de 
Affaires of Russia.] 



Extract of a Letter (No. 22,) from Mr. Forsyth to Mr. Mams. 

Madrid, October 24, 1820. 

**The delay of the departure of the Spanish messenger enables me 
to give you copies of my correspondence with Mr. de Castro, subse- 
quent to the decision of the Cortes on the cession of Florida, in regard 
to the execution of the convention of February 22d, 1819. No. 1 is a 
copy of my note calling the attention of the Spanish minister to the 
])rovisions of the first and seventh articles of the tieaty. I saw Mr. 
de Castro on Saturday. He had received my letter: the propriety of 
issuing the order suggested in my note, had not escaped him, and he 
would send, as I requested, a copy of it as soon as it was made. To- 
day I received his answer, with a copy of the order to which it refers. 
Copies are marked No. 2 and 3.'* 



Mr. Foi syth to Mr. De Castro. 

Mabrib, 17th October, 1S20. 

Sir: By the 7th article of the convention of the 22d February, 
1819, the ratification of which is preparing on the part of His Catho- 



44 C 55 ] 

lie Majesty to be sent to General Vives at Washington, it is stipulate 
ed, that the officers and troops of His Majesty shall evacuate the 
Floridas within six nionths after the exchange of ratifications, or 
sooner, if possible, and shall give possession of them to the officers or 
commissioners of the United States, who may be properly authorized 
to receive them. Calculating on a speedy exchange of ratifications, I 
would suggest, if it has not already occurred to your excellency, that 
it would be extremely convenient, if the order of His Majesty, for the 
evacuation and delivery of the territojy, as also the archives and 
documents relating to the sovereignty and property of the same, 
should go to General Vives with the ratified treaty, to be forwarded 
to the proper authority on the exchange of ratifications^ as, by these 
mea>»s the United States would have timely notice to ])rei)are the 
escort and transj)orts to carry the officers and troops of His Majesty, 
and iiieir equipage, to the Havana, in conformity with the obligation 
of the said article. I should be pleased to be enabled, by the polite- 
ness of your excellency, to furnish to my government a copy of this 
order, if tl is Majesty's goverimieut shoitld send it to General Vives. 
I seize with avidity every occasion to offer to your excellency, whom 
may God preserve, the assurance of my distinguished respect. 

JOHN FORSYTH. 



[translation.] 

The Minister of Spain to Mr. Forsyth, 

Sir: I have received your esteemed note of the 17th current, in 
which you say that you have taken the liberty of suggesting tu me, 
in case it should not have already occuired to his majesty's Govern- 
ment, that it would be extremely convenient, if the order of his ma- 
jesty for the evacuation and delivery of the Floridas, and of the ar- 
chives and documents relating to the sovereignty and property of 
those provinces, should go to General Vives with the ratification of 
the treaty, that it should be sent, at the same time, to the proper au- 
thorities, in order to be transmitted after the exchange of the ratifica- 
tions; and that it would he very agreeable to your excellency to have 
it in your power to send a copy of said order to your government, if 
his majesty should transmit it to General Vives, and should find no 
inconvenience in granting it. 

The idea had occurred to his majesty's Government, as it could not 
fail to do of transmitting General Vives the proper order for the de- 
livery of the Floridas, and whatever else is stipulated in the 7th ar- 
ticle of the treaty of the asd February, 1819, in order to be forward- 
ed to the proper authorities, after the exchange of the ratifications. 
Estimating, as it deserves, your excellency's suggestion, produced, 
no doubt, from desire of cc necting more closely the relations of ami- 



[ 55 1 45 

ty and good iinderslanding between Spain and the United States, by 
removing every obstacle or distant incident which might retard so 
desirable an f>bjcct; and cheerfully acceding to the desire which your 
excellency has" manifested to me of obtaining a copy of the order 
which may be sent to the proper authority for carrying into effect 
the 7th a; tide of the treaty, I have the honor of enclosing to you a 
copy of thai which is addressed to the Captain General of the Island 
of Cuba, through the medium of General Vives, in order that he may 
make use of it immediately after the exchange of the ratifications 
has been certified. 

In all to-morrow an extraordinary courier will go to convey the 
despatches of the Government to his majesty's minister in the United 
Slates; and I have the satisfaction of giving your excellency this 
advice before hand, that you may, if you please, forward any packets 
to your Government by 'this opportunity, in which case, I hope you 
will have the kindness to send me them by two in the afternoon of to- 
morrow, the 25th current. 

I renew to your excellency the assurances of my distinguished con- 
sideration, and pray God that you may live many years. , 
Your most humble and obedient servant, 

EVARISTO DE CASTRO. 

Palace, 24f/i October, 1820. 



Translation of the Royal Order of the King of Spain, to the Captain 
General and Governor of the Island of Cuba, and of the Flondas. 

October 24, 1820. 

Ferdinand the Seventh, by the grace of God, and by the Constitu- 
tion of the Spanish monarchy, King of the Spains— to you, the Cap- 
tain General and Governor of the Island of Cuba, and of the Flon- 
das: Know you, That, by a treaty concluded in the City of Washing- 
ton, on the twenty-second of Februa.y, of the last year, one thousand 
eicht hundred and nineteen, by Plenipotentiaries duly authorized, for 
the purpose of arranejing the differences which have existed between 
the Government of Spain and that of the United States of America, 
and the limits of their respective territories, there was stipulated, on 
the part of Spain, the cession to the United States, of all the country 
situated east of the Mississippi, known by the name of East and West 
Florida: the adjacent Islands dependent upon the two Flondas, being 
comprehended in said cession, together with all public lots and 
squares, vacant lands, public edifices, fortifications, barracks, and 
other buildit.gs, which are not private property, with the archives 
and documents which relate directly to the property and sovereignty 
of said provinces; it being provided, at the same time, that the inha- 
bitants of the territories so ceded, shall be secured in the free exercise 



46 [ 55 ] 

of their religion, without any restriction^ and that all those who may 
desire to remove to the Spanish dominions shall be permitted to sell 
or expoi't their effects, at any time whatever, in order that they may 
better effect their |)urpose, without being subject, in either case, to 
duties; and that those who prefer remaining in the Floridas shall be 
admitted, as soon as possible, to the enjo}'ment of all the rights of 
citizens of the United States; it being added, by another article of 
the same treaty, that the Spanish officers and troops shall evacuate 
the said territories cf^ded to the United States, six months after the 
exchange of the ratification of the same treaty, or sooner, if possible; 
and shall give possession of them to the oOicers or commissaries of 
the United States, duly authorized to receive them; and that the 
United States shall provide the tiansports and escort necessary to 
convey the Spanish officers and troops, and their baggage, to the Ha- 
vana. And I, having considered and examined the tenor of the 
articles of the treaty, after having obtained the consent and au- 
thority of the General Coi'tes of the nation, with respect to 
the said cession, have thouglit proper to approve and ratify the 
treaty referred to, the ratification of which must be exchanged 
at Washington with that which was formed by the President of 
the United States, with the advice and consent of the Senate, of 
the same: after which exchange, the said treaty will begin to be obliga- 
tory on both Governments and their respective citizens; therefore, I 
command you, and ordain that, after the information, which shall be 
seasonably given you by my Minister Plenipotentiary and Envoy 
Extraordinary at Washington, of the ratifications having been ex- 
changed, you proceed, on your pai't, to make the pi'oper dispositions, 
in order that, at the end of six months, counting from the date of the 
exchange of the ratifications, or soonei-, if possible, the Spanish 
officers and troops may evacuate the territories of both Floridas, and 
that possession of them be given to the officers or commissaries of 
the United States duly authorized to receive them, in the understand- 
ing, that the United States shall provide the transports and escort 
necessary to convey the Spanish officers and troops and their bag- 
gage to the Havana. You shall arrange, in proper time, the deli- 
very of the Islands adjacent and dejiendent upon the Floridas, and 
the public lots and squares, vacant lands, public edifices, fortifications, 
barracks, and other buildings, which aie not private property; as, also 
the archives and documents which relate directly to the property and 
sovereignty of the same two provinces, by placing them at the dis- 
posal of the commissaries or nflicers of the United States, duly au- 
thorized to receive them, and all the other papers and the effects 
which belong to the nation, and which have not been comprehended 
and mentioned in the expressed clauses of the cession, you shall have 
conveyed and transported to another part of the Spanish possessions, 
which may be most convenient for the public service. As also, you 
shall take care that, previous to the delivery, it may be made known 
by edicts to all the present inhabitants of the Floridas, that they 
have power to remove to the Spanish territories and dominions, the 



[ 55 ] 47 

sale or exportation of their effects being permitted to them by the 
United States at any time whatever, witliout being subject to dutiesj 
and, also, the advantages stipulated in favor of those who shall pre- 
fer to remain in the Floridas, to whom 1 have wished to give this last 
proof of the protection and affection which they have always experi- 
enced under the Spanish Government. Of tlie delivery which you 
may make, or may be made by your delegation, in tbe form which 
has been expressed, you shall make, or cause to be made, a corres- 
ponding receipt, duly authenticated, for your discharge; and, in order 
that you may proceed with entire knowledge in the execution of this 
commission, there shall be likewise sent to you, by n\y Minister Pleni- 
potentiary at Washington, an authentic copy of the treaty referred to, 
of the twenty-second of February, one thousand eight hundred and 
nineteen, with the insertion of the ratifications of both parties, and of 
the certificate relative to the exchange of the same: of wiiich docu- 
ments, and of this my Royal Order, you shall send a copy, in authen- 
tic form, to the Governors of both the Floridas, and to the person or 
persons who may have, in your name, the accomplishing of the deli- 
very, if it have not been made by yourself. 

AH which you shall well and completely execute, in the form which 
I have prescribed to you, agreeably to the public service: advising me 
of your having executed it through my under-written Secretary of 
Despatch of State. 

Given at Madrid, the twenty-fourth of October, one thousand eight 
hundred and twenty. 



Mr. Mams to General Fives. 

Department of State, 

Washington, 2&th February, 1821. 

Sir: I have submitted to the consideration of the President of the 
United States the observations, which, in conformity to the instruc- 
tions of your government, were verbally made by you, in the confer- 
ence which I had the honor of holding with you, when you notified me 
of your readiness to exchange the ratifications of the treaty of 22d 
February, 1819, between the United States and Spain. 

With regard to the omission on the part of the Spanish negotiator 
of the treaty, to insist upon some provision of indemnity, in behalf of 
Spanish claimants, to whom a pledge of such indemnity had been 
stipulated by the previously ratified convention of 1802, an omission 
stated by you to have been peculiarly dissatisfactory to the Cortes, 
I am directed to observe, that, as in all other cases of the adjustment 
of differences between nations, this treaty must be considered as a 
compact of mutual concessions, in which each party abandoned to the 



48 [ 55 3 

other some of its pretensions. These concessions on the part of the 
United States were great; nor could it be expected by the Spanish 
ration, that they would be obtained without equivalent. Probably 
the Spanish negotiator considered the claims of Spanish subjects em. 
braced by that convention, as so small in amount, as scaicely to be 
worthy of inflexible adherence to them. He certainly considered i^he> 
whole treaty as highly advantageous to Spain; a sentiment in winch 
the government of the United States always entirely participated, 
and still concurs. 

This also furnishes the reply which most readily presents itself, to 
the proposition which you have also been instructed to make, that some 
compensation should be allowed by the United States, for the benefit 
of the grantees of lands rorognized by the treaty, to have been null 
and void. While appreciating in all its force the sense of justice, by 
which after the raaturest deliberation and the fullest examination, the 
Cortes have declared that those grants were, so as at the signature 
of the treaty they had been clearly, explicitly, and unequivocally 
understood to be, by both the plenipotentiaries who signed it, the 
President deems it unnecessary to press the remark which must 
naturally present itself, that, to grantees whose titles were in fact null 
and void, and by all parties to the negotiation were known to be null 
and void, no indemnity can be due. because no injury was done. 

Nor can it be admitted, that this is one of the cases of misunder^ 
standing, from whicJi the grantees could be entitled to the benefit of a 
doubtful construction. The construction of the article was in no wise 
doubtful. For any construction which would have admitted the 
Talidity of the grants, would have rendered impossible the fulfilment 
of other most important stipulations of the treaty. 

The discussion of this subject having already been a subject of 
correspondence between the minister of foreign affairs of your go- 
vernment, and Mr. Forsyth, could now be continued to no profitable 
purpose. I take much more satisfaction in assuring you of the plea" 
sure with which the President has accepted the ratification of the trea- 
ty, as an earnest of that cordial harmony, which it is among his most 
ardent desires to cultivate, between the United States and Spain. 
This disposition, he cherishes the hope, will be further promoted, by 
the community of principle upon which the liberal institutions of both 
nations are founded, and by^the justice, moderation, and love of order, 
which they combine with the love and the enjoyment of freedom. 

I pray you, sir, to accept the assurance of my distinguished con- 
sideration. - ^ 

P D 3 6. S^;: JOHN QUINCY ADAMS. 

General lion Francisco Dionisio Vives, j 

Envoy Extraordinary and Minister Flmipotentiary from Spain. I 




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